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Terms of Use

Please read these terms of service and all referenced materials carefully before using Pitaka.

This Agreement applies to your use or access of Pitaka in any way and on any and all devices and to your registration for, subscription to, and use of Pitaka. You acknowledge that you understand, have read, and accept all terms and conditions in this Agreement and those that are contained in the Pitaka Data Privacy Policy, which shall form an integral part of this Agreement.

Any provisions, which are contrary to these Terms of Service, are not part of the contract unless we explicitly and in writing agree that these provisions shall be valid.

Definitions​

  1. Agreement: These Terms of Service and all materials referred or linked to in these Terms of Service.
  2. Communication Services: Third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter, and LinkedIn) linked to or from the Service that enables Customer to communicate with the public at large or with a group.
  3. Contact Information: The name, email address, phone number, online user name(s), telephone number, postal address, and similar information voluntarily submitted by Customer, as well as navigational data relating to each Customer. Contact Information does not include Sensitive Information.
  4. Customer Data: All Contact Information and other permitted information submitted by Customer to, or collected by Customer via, the Service. Customer Data does not include Sensitive Information.
  5. Customer Materials: All materials that Customer provides or posts, uploads, inputs or submits for public display through the Service. Suggestions, feedback, and comments relating to the functionality or use of the Service provided by Customer personnel to Pitaka Project are not Customer Materials. Customer Materials do not include Sensitive Information.
  6. Customer: The person or entity using the Service and identified in the applicable statement or Order Form as the Pitaka Project customer.
  7. Pitaka Project: Pitaka Project and any entity which directly or indirectly controls, is controlled by, or is under common control with Pitaka Project.
  8. Pitaka Project Content: All information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Service by Pitaka Project.
  9. Order Form: The Pitaka Project approved form by which Customer agrees to subscribe to the Service.
  10. Personal Data: Any information relating to an identified or identifiable natural person, including name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Personal Data may include Sensitive Information.
  11. Sensitive Information: Credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver’s license numbers or similar identifiers, racial or ethnic origin, physical or mental health condition or information, other employment, financial, or health information, and information specific to an individual’s physical, physiological, genetic, mental, economic, cultural, or social identity.
  12. Pitaka Service: The particular edition and elements of Pitaka Project’s Pitaka applications, tools, and platform subscribed to by Customer under an Order Form, and developed, operated, and maintained by Pitaka Project, accessible via https://pitaka.io or another designated URL, and any ancillary online or offline products and services provided to Customer by Pitaka Project, to which Customer is being granted access pursuant to this Agreement and an Order Form. The Service includes the Pitaka Project Content and does not include training services, consulting services, and Third-Party Products.
  13. Third-Party Products: Professional services, online web-based applications, and offline software products that are provided by third parties, interoperate with or are used in connection with the Service, and are identified as being provided by third parties.
  14. Third-Party Sites: Third-party websites linked to from within the Service, including without limitation Communications Services.
  15. Users: Customer’s employees, representatives, consultants, contractors, or agents who are authorized to use the Service for the benefit of Customer and who have been supplied user identifications and passwords by Customer (or by Pitaka Project at Customer’s request).

Services​

  1. Access: During the Term and as provided in this Agreement, Pitaka Project will provide Customer access to use the Service. Only the individual customer associated with an account may access the Service.
  2. Limits: Pitaka Project may limit the use of certain features of the Service in its sole discretion. Pitaka Project may suspend, limit, or terminate the Service for any reason at any time without notice.
  3. Modifications: Pitaka Project modifies the Service from time to time, including by adding or deleting features and functions, in an effort to improve its customers’ experience. Nothing in this Agreement shall prohibit Pitaka Project from making such changes to the Service. Pitaka Project reserves the right to provide some or all elements of the Service through the use of third-party providers at any time without the need for prior notice to any and all users thereof.

Rights of Use and Licenses​

  • We retain ownership of all intellectual property rights of any kind related to the Website and Service unless explicitly granted to you pursuant to this Agreement.
  • Upon successful registration for the Service and payment of Fees (as applicable), Pitaka hereby grants to User the worldwide, non-exclusive, non-sublicensable, non-transferable right to use the Service for the term and subject to the provisions of this Agreement. Customer accepts such grant of rights.
  • The User is aware that the Service contains open source components, and such components are governed by the respective open-source licenses.

Fees and Payment​

  • Fees are based on the amount placed by the customer with the inclusion of Gas Fees, as indicated on the app, to which is added on top of the preliminary amount. If Customer purchases any digital assets within Pitaka Project, Customer authorizes the use of a third party to process payments and consents to the disclosure of Customer’s payment information to such third party. All payment obligations are non-cancelable, and all amounts paid are non-refundable.

Pitaka Proprietary Rights​

  • This is an Agreement for access to and use of the Service, and Customer is not granted a license to any software by this Agreement. The Service, including all intellectual property rights therein and derivatives and modifications thereto, belong to and are the property of Pitaka Project or its licensors (if any).
  • The Pitaka Project Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and Customer agrees not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Pitaka Project Content or Service in whole or in part, by any means, except as expressly authorized in writing by Pitaka Project. Pitaka, the Pitaka logo, Pitaka Project, and other marks used by Pitaka Project from time to time are trademarks and the property of Pitaka Project. The appearance, layout, color scheme, and design of the Pitaka site are protected trade dress. Customer does not receive any right or license to use the foregoing.

Customer's Proprietary Rights​

  • As between the parties, Customer shall own and retain all rights to the Customer Materials, Customer Data, and any works specifically created by Pitaka Project for transfer to Customer where a separate written agreement grants ownership of the work to Customer. All Personal Data collected by or supplied to Pitaka Project will at all times be owned by the individual identified by such Personal Data.
  • This Agreement does not grant Pitaka Project any ownership rights to Customer Materials, Customer Data, Personal Data, or Sensitive information. Customer grants permission to Pitaka Project and its licensors to use the Customer Materials and Customer Data only as necessary to provide the Service to Customer and not for any other purpose.

Customer, User, and Personal Data​

  • Pitaka Project may monitor the use of the Service by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Service. Customer agrees that Pitaka Project may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer.
  • CUSTOMER AGREES NOT TO USE THE SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Pitaka Project DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM CUSTOMER’S USE OF THE SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION. CUSTOMER AGREES THAT ALL USERS WILL BE AT LEAST TWENTY-ONE (21) YEARS OF AGE AND THAT ALL CUSTOMER DATA AND PERSONAL DATA SUBMITTED BY CUSTOMER IN CONNECTION WITH THE SERVICES WILL RELATE TO USERS AND/OR INDIVIDUALS WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE.
  • Pitaka may collect, use, process, store, and share certain Customer Data, Sensitive Information, and Personal Data in connection with providing the Services. Any such collection, use, processing, storing, or sharing is subject to the terms and conditions of Pitaka Project’s Privacy Policy (URL) which is hereby incorporated into this Agreement by reference. Customer agrees that Customer Data, Sensitive Information, and Personal Data may be collected and used by Pitaka Project in connection with the Services and Customer hereby consents to such use and collection.

Indemnification​

Customer will indemnify, defend and hold Pitaka Project harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Pitaka Project (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Pitaka Project to the extent that such Action is based upon or arises out of:

  • Customer’s use of the Service;
  • Customer’s noncompliance with or breach of this Agreement;
  • Customer’s use of Third-Party Products;
  • the unauthorized use of the Service by any other person using Customer’s User information; or
  • Customer’s unauthorized use, collection, storage, processing, or disclosure of Personal Data.

Pitaka Project shall use commercially reasonable efforts to:

  • notify Customer in writing within thirty (30) days of Pitaka Project’s becoming aware of any such claim;

  • give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases Pitaka Project of all liability);

  • provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that:

    • imposes an obligation on Pitaka Project;
    • requires Pitaka Project to make an admission; or
    • imposes liability not covered by these indemnifications or places restrictions on Pitaka Project without Pitaka Project’s prior written consent.

Customer agrees that Customer Data, Sensitive Information, and Personal Data may be collected and used by Pitaka Project in connection with the Services and Customer hereby consents to such use and collection.

About these terms​

Limitations on Use and Disclaimer of Warranties​

YOU ACKNOWLEDGE THAT YOUR USE AND/OR ACCESS OF PITAKA IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. PITAKA PROVIDES ALL THE INFORMATION HEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. PITAKA MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE VIABILITY, ACCURACY, AND/OR PERFORMANCE OF THE INFORMATION CONTAINED HEREIN.

TO THE EXTENT PERMITTED BY LAW, PITAKA DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICES HEREIN IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. PITAKA DOES NOT GUARANTEE THAT ITS INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL, ADEQUATE, COMPLETE OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, INCLUDING LOSS OF DATA RESULTING FROM DELAYS AND ANY SERVICE INTERRUPTION CAUSED BY IT OR THIRD PARTIES.

The material herein is provided for informational purposes only and should not be construed as investment advice or an offer or solicitation to buy or sell securities. The information contained herein is not intended to be used as a general guide to investing or as a source of any specific investment recommendations and makes no implied or express recommendations concerning the manner in which any person’s account should or would be handled, as appropriate investment strategies depend upon the individual’s investment objectives.

  1. The information relevant to the foregoing, and by providing your information as provided herein does not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by Pitaka or regardless of whether such security, product or service is referenced in this site or in previous communications. Furthermore, nothing in this website and in the Pitaka Project is intended to provide tax, legal, or investment advice and nothing herein should be construed as a recommendation to buy, sell, or hold any investment or security or to engage in any investment strategy or transaction. Pitaka does not represent that the securities, products, or services discussed in this website and in any of its relevant and affiliate platforms are suitable for any particular investor. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your business advisor, attorney, or tax and accounting advisor relevant to your specific business, legal, or tax situation.

  2. None of the material on this site and in the Pitaka Project is to be construed as a solicitation, recommendation, or offer to buy or sell any security, financial product, or instrument. Please be guided that the Pitaka website may contain certain statements, estimates, and projections that are “forward-looking statements.” All statements other than statements of historical fact on this website are forward-looking statements and include statements and assumptions relating to: plans and objectives of management for future operations or economic performance; conclusions and projections about current and future economic and political trends and conditions; and projected financial results and results of operations. These statements can generally be identified by the use of forward-looking terminology including “may,” “believe,” “will,” “expect,” “anticipate,” “estimate,” “continue,” “rankings,” “intend,” “outlook,” “potential,” or other similar words. Pitaka does not make any guarantees, representations, or warranties (express or implied) about the accuracy of such forward-looking statements. Forward-looking statements involve certain risks, uncertainties, and assumptions and other factors that are difficult to predict. Readers are cautioned that actual results of the investments referenced in the Pitaka website could differ materially from forward-looking statements, and readers of the Pitaka website are cautioned not to view forward-looking statements as actual results or place undue reliance on forward-looking statements. Moreover, any descriptions of fund terms set forth therein are only a summary of certain terms, are not intended to be complete, and are qualified in their entirety by the offering documents, subscription documents, and other constituent documents of the applicable fund, which would need to be reviewed in order to receive a comprehensive set of terms and provisions.

  3. Transactions involving cryptocurrency involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be construed as a disclosure of all risks or a complete discussion of the risks that are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make Pitaka or any of its representatives the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts. You are encouraged to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

  4. These Terms and Conditions are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Pitaka or the third party providers from whom Pitaka has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on the Pitaka site from time to time, including those that concern information obtained from specific third party providers. Pitaka shall have no liability to you for monetary damages on account of the information provided to you via its website and other related resources.

  5. You will indemnify Pitaka and hold it harmless with respect to any liabilities (including all costs of investigation and defense) and other damages that directly or indirectly may be derived from the failure to comply with the Terms and Conditions hereunder, including, but not limited to, any liability or damage that directly or indirectly may derive from any use of the Pitaka website and any and all related resources to make investment decisions or any breach by you or by any of your agents or representatives of these Terms and Conditions.

  6. Pitaka may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on the “Terms and Conditions” link on the Site Terms of Use. If you continue to use, subscribe, and/or participate in Pitaka after the latter makes changes to the provisions of this Agreement, you are deemed to have signified your acceptance of the revised Agreement. It is incumbent upon the user, subscriber, and/or participant to check these terms and conditions periodically for any changes.

  7. If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any Law, such provision to the extent possible shall be interpreted in such a manner to comply with such Law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof. These terms cover the entire agreement between you and Pitaka regarding the Pitaka Project. If these terms are considered an offer by Pitaka, acceptance is expressly limited to these terms.