Terms of Service
Last Updated June 19th, 2023
This User Agreement between you (referred to herein as “you”, “User” or “customer”) and FLASHFUTR, UNIPESSOAL LDA, Avenida Arriaga, nº 30, 1 floor, Sala A, 9000-064 Funchal, Portugal (together with its affiliates and subsidiaries, “Flashy Cash”, “we”, “us” and “our”) governs your access and use of Flashy Cash’s products, services, technologies or other offerings, whether provided via www.flashy.cash, associated websites, or the Flashy Cash mobile app (the “Flashy Cash Platform”).
Note that we may update this User Agreement from time to time, and while we will typically notify you in the event of changes, it is your responsibility to review the User Agreement from time to time to see if it has been updated. Your continued use of the Flashy Cash Platform following any updates to this User Agreement constitutes your acceptance of the updated terms, unless we are required by law to get your affirmative consent.
We may supplement this User Agreement with the following:
- Specific Terms Agreed to by You. If you qualify to participate in one or more Flashy Cash products or services, we may ask you to enter into one or more supplemental agreements with us. In that event, the terms contained in those agreements will supplement the below provisions relating to the collection, use, sharing, and securing of your information.
- Other Supplemental Notices. Additionally, we may supplement this User Agreement with other supplemental notices posted on specific web pages within the Site or within the Flashy Cash mobile application.
- Partner Terms. Some of the services and features that you can access through the Flashy Cash Platform (“Third Party Services”) are offered directly by, or in partnership with, third parties (“Third Party Providers”). As part of accessing those Third Party Services you may be required to agree to additional terms and conditions directly with one or more Third Party Providers, and those terms shall govern your use of such Third Party Services (“Third Party Terms”).
1. ACCOUNT ELIGIBILITY & REGISTRATION
- Eligibility. Certain elements of the Flashy Cash Platform are publicly accessible, such as the Flashy Cash website. However, to use certain features of the Flashy Cash Platform, you must be at least 18 years old and reside in the United States. Additionally, certain products and services may not be available within your specific state or territory. As we are able to expand the availability of the Flashy Cash Platform to additional jurisdictions, you may gain access to certain products and services that were not previously available. Conversely, we may cease offering certain products and services in a given jurisdiction from time to time.
- Registration. To access many of the features of the Flashy Cash Platform, you must register for an account (an “Account”), which will require you to provide certain information to Flashy Cash including your name, email address, phone number, date of birth and other information that we may request. In creating an Account and submitting any information to Flashy Cash, you agree that all such information is accurate and that should any of the information change, you will notify us as soon as possible.
- Account Security. In creating and maintaining your Account, you are responsible for creating a strong password and maintaining security and control of such password and any other login information. You also agree to take whatever other security measures available, such as two-factor authentication through your mobile phone number or mobile device. Failure to do so may result in an unauthorized third party gaining access to your Account, which could result in the loss of personal and financial data as well as loss of funds available within your Account or any linked bank account. Further, you agree to never share your login credentials with any other person, or allow anyone else to access your Account.
- Identity Verification. In order to verify your identity and the accuracy of the information provided by you during Account registration we may require you to submit certain additional information or documentation, including, without limitation, a copy of an unexpired government issued photo identification card such as a driver's license or passport. Further, you hereby authorize us, or a third party service provider that we designate, to take any steps necessary to further verify your identity. If we are unable to verify your Account information or we determine that the information provided by you is incorrect, we may be required to prevent you from creating an Account, close or suspend your existing Account, or take any other steps we determine to be necessary.
2. FLASHY CASH SERVICES
Flashy Cash operates the Flashy Cash Platform which allows you to create and maintain an Account, which, together with the Third Party Services, allows you to buy, receive, hold and transfer funds in virtual currency in accordance with the terms of this User Agreement (the “Flashy Cash Services”).
- Crypto Cash Out: Flashy Cash allows users to convert their cryptocurrency holdings into traditional fiat currency and withdraw the funds to their bank accounts.
- Crypto Swaps:. Flashy Cash enables users to exchange one cryptocurrency for another, facilitating secure and efficient swaps.
- Buying Gift Cards: Flashy Cash provides a platform for users to purchase gift cards using their cryptocurrency assets, offering a wide range of options from various merchants.
- Mobile Top-Ups:. Flashy Cash offers users the ability to top up mobile phone credit using their cryptocurrencies, allowing for convenient and quick mobile recharges.
Changes to Flashy Cash Services. We reserve the right to change, suspend, or discontinue any aspect of the Flashy Cash Services at any time, including hours of operation or availability of any feature, without notice and without liability. Suspension of your use of any of the Flashy Cash Services will not affect your rights and obligations pursuant to this Agreement.
3. DISCLOSURES, RISKS & LIABILITY
- User Error.. You are solely responsible to ensure that all information and instructions provided to Flashy Cash are correct and complete. Flashy Cash will not be liable for any transactions which have been conducted in accordance with instructions provided by you, regardless of whether such instructions include incorrect, incomplete, limited or no identifying information related to a transfer. Where Flashy Cash attempts a transfer in accordance with your instruction and such transaction fails, Flashy Cash will notify you of the failed transaction attempt.
- Third Party Services.. Some of the services available to you on the Flashy Cash Platform are Third Party Services provided directly to you by Third Party Providers. Any use of such Third Party Services, as well as any claims or issues related to such Third Party Services, are governed by the terms and conditions that you agree to with such Third Party Providers in connection with accessing such Third Party Services.
- Not a Bank. Flashy Cash is not a bank or otherwise licensed as a financial institution. Flashy Cash is a financial technology company that partners with Third Party Providers to allow you to access certain licensed Third Party Services.
- Risk of Loss. When you hold a balance in your Account, the applicable funds are held by a Third Party Provider. If such Third Party Provider suffers a security breach or other loss, you may suffer a loss of some or all of your Account balance.
- General Risks. Your use of the Service is entirely at your own risk. Flashy Cash is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional if you need such assistance.
- No Warranty. The Service is provided "AS IS" and on an "AS AVAILABLE" basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLASHY CASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NONINFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. FLASHY CASH DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FLASHY CASH DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE FLASHY CASH PLATFORM, AND OPERATION OF THE FLASHY CASH PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. FLASHY CASH WILL MAKE REASONABLE EFFORTS TO ENSURE THAT INSTRUCTIONS ARE EXECUTED IN A TIMELY MANNER BUT FLASHY CASH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE FIAT OR DIGITAL CURRENCY PROCESSING BECAUSE THE FLASHY CASH PLATFORM IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of delivery of the Service.
- General. Your access to and use of the Flashy Cash Platform is subject to all applicable international, federal, state and local laws, regulations and privacy policies and you agree not to use the Flashy Cash Platform in any way that violates such laws or regulations.
- Restricted Activities. In connection with your use of the Flashy Cash Platform, you that you will not:
- Violate (or assist another in violating) any applicable law, statute, ordinance or regulation;
- Defraud (or assist another in defrauding) Flashy Cash or any other Flashy Cash users;
- Provide false, misleading or inaccurate information;
- Transmit or upload any virus, worm, or other malicious code, software, or program;
- Attempt to gain unauthorized access to other Accounts, the Flashy Cash website, the Flashy Cash Platform, or any related networks or services;
- Use the Flashy Cash Services or Flashy Cash Platform on behalf of any third party; or
- Decompile, disassemble or reverse engineer the Flashy Cash Platform or any of its components or source code, or modify, tamper, create derivative works, or otherwise incorporate the Flashy Cash Platform in other programs without our consent.
- Prohibited Transactions. You agree not to use the Flashy Cash Platform for any transactions involving:
- weapons of any kind, including firearms, ammunition, knives or explosives; - controlled substances, including, but not limited to, narcotics, prescription drugs, steroids, or related paraphernalia;
- gambling activities;
- money-laundering or terrorist financing;
- ponzi, pyramid, multi-level marketing, or other “get rich quick” schemes;
- annuities, lotteries, or lay-away systems;
- counterfeit goods, including, but not limited to, fake or “novelty” photo IDs;
- goods or services that are otherwise illegal or prohibited by federal, state, or local law; or
- any other matters, goods, or services from time to time we communicate to you as unacceptable to us or our financial and banking partners.
5. DISPUTE RESOLUTION
- Complaint Process. If you have a complaint or dispute with Flashy Cash (a “Complaint”) you agree to first contact Flashy Cash at [email protected] so that we may attempt to resolve your Complaint. If we are unable to resolve your Complaint through customer support within 15 business days, your sole and exclusive remedy for any Complaint, dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning or arising out of this User Agreement or your use of the Flashy Cash Platform, including the applicability, scope or validity of this Section 6 (a “Claim”), shall be pursuant to the binding arbitration provisions below.
- Arbitration. Notwithstanding any other provision in this Agreement, if either you or Flashy Cash have any Claim, upon the demand of either party, such Claim will be settled by individual (not class or classwide) binding arbitration administered by the DIFC-LCIA (“LCIA”) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a Claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third-party complaint, crossclaim or counterclaim and if a party in a pending legal proceeding demands a Claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in a mutually agreeable location or if no such agreement can be reached. A single arbitrator will be appointed by the LCIA and approved by each party. The arbitrator shall be a practicing attorney or retired judge having experience with and knowledge of online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including court fees, attorneys' fees and expert witness fees. A judgment on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this User Agreement.
- Class Action Waiver. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND FLASHY CASH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
6. LIMITATION OF LIABILITY; INDEMNIFICATION
- Limitation of Liability. Flashy Cash and its affiliates, agents, officers, and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Flashy Cash has been advised of the possibility of such damages. The total liability of Flashy Cash for any claim arising out of or relating to this User Agreement or your use of the Flashy Cash Platform, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use the Flashy Cash Platform.
- Third Party Websites and Services. The Flashy Cash Platform relies in whole or partly, on Third Party Services and third party software and the continued development and support of third parties' use of the Flashy Cash Platform may be made conditional upon consenting to the terms and conditions of technology or functionality provided by such Third Party Providers or others. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Flashy Cash Platform. The Flashy Cash Platform may contain links to third party vendors, websites, resources and services (“Third Party Material”) not controlled by us. You acknowledge and agree that Flashy Cash is not responsible or liable for (i) availability or accuracy of such Third Party Material, or (ii) the content, products or services on or available from such Third Party Material. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Material.
7. GENERAL TERMS
- Severability. If any court of law, having the jurisdiction, rules that any part of this User Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
- Termination; Amendment. We may terminate this User Agreement, or suspend or terminate your Account or your access to any Flashy Cash Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Flashy Cash Services or any feature or aspect of an Flashy Cash Service. We will take reasonable steps to notify you of termination or these other types of Flashy Cash Service changes by email or at the next time you attempt to access your Account.
You may also terminate the User Agreement applicable to your Account by deactivating your Account at any time. If this User Agreement is terminated or suspended for any reason: (a) the license and any other rights granted under this User Agreement will end, (b) you agree to immediately terminate and cease use of the Flashy Cash Platform and all Flashy Cash Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Flashy Cash Services, or for deletion of your information or account data. The following sections of this User Agreement shall survive and remain in effect in accordance with their terms upon termination: 4 (Disclosures, Risks & Liability), 6 (Dispute Resolution), 7 (Limitation of Liability; Indemnification), and 8 (General Terms).
- Assignment. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
- Change of Control. In the event that Flashy Cash is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign your Account and the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
- Intellectual Property. Flashy Cash owns all worldwide right, title and interest in and to the Flashy Cash Platform and the Flashy Cash Services, any updates or modifications made to or in relation to the Flashy Cash Platform or Flashy Cash Services, and any and all feedback, comments or suggestions of any kind regarding problems with or proposed modifications or improvements to the Flashy Cash Services (“Feedback”), received directly or indirectly from any user, partner or other third party to the maximum extent permitted by applicable law (“Flashy Cash IP”). This User Agreement does not convey any proprietary interest in or to any Flashy Cash IP or rights of entitlement to the use thereof except as expressly set forth herein. You acknowledge and agree that the fees paid pursuant to this User Agreement apply only to the use of the Flashy Cash Platform by you unless otherwise provided with written consent from Flashy Cash. If you choose to provide Feedback not otherwise assignable to Flashy Cash, you hereby grant Flashy Cash an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, worldwide, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Flashy Cash Services or Flashy Cash Platform and create other products and services.
- Copyrights and Trademarks. The information available on or through the Flashy Cash Platform is the property of Flashy Cash, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through Flashy Cash Platform for commercial or public purposes. You may not use the trademarks, logos and service marks (“Flashy Cash Marks”) for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites without the written permission of Flashy Cash or such third party that may own the Flashy Cash Marks. Questions concerning Flashy Cash Marks should be directed to [email protected].
- Force Majeure. Flashy Cash shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions of this User Agreement.
- Taxes. You are solely responsible for determining and paying any income, sales, federal or state taxes to the appropriate tax authorities in connection with any of your activities on the Flashy Cash Platform, including, without limitation, the receipt of any Interest or other Rewards.
- Unclaimed Property. If Flashy Cash is holding any funds on your behalf and we are unable to contact you and have no record of your use of the Flashy Cash Platform for several years, applicable law may require Flashy Cash to report your Account funds as unclaimed property to the applicable jurisdiction. If this occurs, Flashy Cash will try to locate you at the address shown in our record, but if Flashy Cash is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Flashy Cash reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
- Governing Law. This User Agreement and any Claim will be governed by the Federal Arbitration Act, as set forth above, and by DIFC law and/or applicable federal law, without regard to choice of law or conflicts of law principles.
8. CONTACT US
If you have any questions about this Policy, please contact us via [email protected].