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STRATO Mercata Terms of Use

Terms of Use

User Agreement

Last Updated: October 21, 2022

Welcome! This User Agreement (the “Agreement” or the “Terms”) is between you and the company or other legal entity for which you are accepting this Agreement, and affiliates of that company or entity (“you” or “your” or “user”) and BlockApps, Inc. (“BlockApps”, “we,” “our,” or “us”). This Agreement sets forth the terms and conditions that govern your access to, use, and recordation of a transaction on the STRATO Mercata blockchain provided by BlockApps and such other services that may be offered by BlockApps on its BlockApps Site (as defined below) from time to time (BlockApps Services” or “Services”) and your use of the BlockApps Site (as defined below) (The Services and the BlockApps Site shall be collectively referred to as “BlockApps Products”).

How You Accept This Policy

This Agreement is effective, and you agree to its terms and conditions, as of the date that you accept the Agreement by (1) clicking a box indicating your acceptance; (2) executing an order form that references this Agreement; (3) signing up to use a BlockApps account or service through blockapps.net, BlockApps’ APIs, or the BlockApps mobile application (collectively referred to as the “BlockApps Site”); or (4) accessing or using the Services (the “Effective Date”). Therefore, before using our BlockApps Products please reads this Agreement carefully, along with any other policies or notices on the Services, the BlockApps Site, and our Privacy Policy located at blockapps.net/privacy-terms. Together these materials contain terms, rules, and guidelines related to your use of the BlockApps Products.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you”, “your”, or “user” shall refer to such entity and its affiliates.

Modifications to Agreement

We may amend or modify the Terms at any time by posting the revised agreement on the BlockApps Site and the modified Terms shall be effective as of the time it is posted. Your continued us of the BlockApps Products after the posting of a revised agreement shall constitute your agreement to the amended Agreement by and between you and BlockApps, and you agree to be legally bound by its terms and conditions as amended. Please be aware that, among other things, this means that following an amendment to this Agreement, transaction fees, discounts, rebates, and other benefits could be affected by the amended Agreement. If you do not agree to this Agreement or any modifications to this Agreement, your sole and exclusive remedy is to terminate your use of the BlockApps Products and close your account in accordance with the account closure section below.

Notwithstanding the above paragraph, BlockApps shall provide you with email notification in the event of changes made to transaction fees. Changes to transaction fees shall take effect five (5) business days after email notification has been sent to you.

Eligibility For Use of The BlockApps Products

You can only use our BlockApps Products to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you. Please note that we may still refuse to let certain people or entities access or use the BlockApps Products at our sole discretion and reserve the right to change our eligibility criteria.

In order to process transactions on BlockApps’ TestNet, you must:

  • Certify that you are 18 years or older;
  • Accept our User Agreement and Privacy Policy;
  • Provide your name, email address, state/province, country of residence, and where applicable, the name and address of the entity you work for; and
  • Create a password to access the Services.

In the event you are requesting access to process transactions on BlockApps’ LiveNet and/or Carbon as an individual, you must additionally:

  • Add a credit card or link a bank account in your name to your BlockApps account;
  • Verify your identity by providing:
    • An acceptable form of identification (i.e. passport, driver’s license, or state identification card);
    • A picture of yourself taken from your mobile phone or webcam;
    • Date of birth;
    • Physical address; and
    • Social security number or an identification number assigned to you by a government agency.

In the event you want to process transactions on BlockApps’ LiveNet and/or Carbon Offset on behalf of an entity you must additionally:

  • Verify the entity’s identity by providing:
    • A copy of your entity’s certificate of incorporation;
    • Your entity’s registration number, registered office address, names of all directors, and your entity’s website URL;
    • A bank or utility statement that is less than ninty (90) days old that shows the address of the entity;
    • A copy of your identification card and identification cards of any other users who require access to the entity’s BlockApps account; and
    • Your email address and the email addresses of any others who are required to have access to the entity’s BlockApps account.

Account Access

You are only permitted to access your BlockApps account using your user account login credentials. You agree that your account login credentials and authentication method have been chosen by you and that you agree to keep them confidential. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of any and all electronic devices, passwords, hints, personal identification numbers, and API keys you use to access the Services. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your BlockApps account.

Consent to Access, Process, and Store Your Personal Data & Identity Verification

For interests of detecting money laundering, fraud, terrorist financing, or any other financial crimes, you permit us or our service provider to access, process, and keep a record of the personal date and identity verifying documents submitted by you during registration and during your request to process funds into fiat, including, but not limited to, your name, address, email address, telephone number, SS/EIN number, date of birth, government identification, certification of registration, and information pertaining to your bank account. You can withdraw your consent at any time by closing your account with us. However, we may retain, disclose, and continue to process your personal information as necessary to comply with laws or regulations and to defend against litigation.

Fees

BlockApps makes money when you add a transaction to the STRATO Mercata blockchain.

You understand and agree that your acceptance of this Agreement is considered your acceptance of our transactional fees as follows:

Fee Schedule for STRATO Mercata

Transaction  Type Transaction Processing List Price*
TestNet Transactions Free of Charge
LiveNet $0.01 per Transaction
Carbon Offset 3% of Total Carbon Offset Value Added to the Blockchain Ledger

Plus, any applicable taxes.  We reserve the right to change, modify, or increase our transactional processing fees at any time.  BlockApps shall provide you with email notification in the event of changes made to transaction processing fees, and changes to transaction processing fees shall take effect five (5) business days after email notification has been sent to you.  You further agree that by adding a transaction to the STRATO Mercata blockchain after the five (5) business days from date of notice that the transactional fee has been changed, modified, or increased, you are agreeing to accept our new transactional fees.

Your transactional fee charges may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

You authorize us to store and continue billing your payment method (e.g. bank account) to avoid interruptions in your transactions and to facilitate easy payment for new transactions.

Taxes are calculated based on the billing information that you have provided to us.

You cannot reverse, cancel, or change a transaction that has been marked as pending or complete.  If your payment method has insufficient funds or if you reverse payment made by you to us, you authorize BlockApps, at its sole discretion, either to cancel the transaction or to debit your other linked payment methods in any amount necessary to complete the transaction.  We reserve the right to refuse to process, or to cancel, correct, or reverse your tranaction in response to a subpoena, court order, or other government order, or if we suspect that the transaction may involve money laundering, terrorist financing, fraud, or any other financial crime.  BlockApps is under no obligation to reinstate a transaction on the same terms as the cancelled, corrected, or reversed transaction.

Third Party Services and Content

We utilize links and other tools to connect users to third-party services and websites, including, but not limited to, AWS Cloud Platform to host STRATO Mercata, third-party payment processors to process USD payment between you and BlockApps, and third-party identity and KYC/AML authenticating entities (“Third Party Services”). We have no control over these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or contemporaneity of any third-party’s services, content, or policies. Users who access or use a Third-Party Service through BlockApps are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third-party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.

Intellectual Property

The BlockApps Products contain our proprietary property including, but not limited to our platform and are protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights.  Unless otherwise provided, we exclusively own rights to the BlockApps Products and your use of the BlockApps Products does not grant you any right, title, or interest in the BlockApps Products.  You understand and agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store the BlockApps Products’ source code or similar proprietary or confidential data or other similar information provided via the BlockApps Products, without our express prior written consent.  You may not use the BlockApps Products for unlawful purposes.

As a user of our BlockApps Products, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the BlockApps Products while this Agreement is in effect.  All other uses are prohibited.  All rights in and to the BlockApps Products not granted herein, are reserved.

The following non-exhaustive list, including BlockApps, STRATO, STRATO Mercata, , and without limitation, any graphics, logos, button icons, and service names made available or included in the BlockApps Products are BlockApps’ proprietary marks and are protected by applicable trademark laws.  You may not copy, use, or imitate them without BlockApps’ prior written consent.

Your Use of Our Services

If you sign-up for an account, we ask that you abide by a few commonsense rules. Specifically:

Don’t Share Your Account.  You agree that you will not sell, lease, furnish, or otherwise permit access to your BlockApps account to any other individual or entity that is not your agent or employee, and will accept full responsibility for your agent or employee’s use of your BlockApps account regardless of method used to access your account.  You understand and agree that you are responsible for any and all transactions, orders, trades, and other instructions entered into your BlockApps portal.

Don’t Use Our Services to Break the Law. You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you.

Don’t Try To Harm Our System. You agree not to distribute any virus or other harmful computer code through BlockApps. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure.

Don’t Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems, or networks connected to the Services.

Don’t Steal From Us. You agree not to “crawl,” “scrape,” or “spider” BlockApps or reverse engineer or attempt to obtain our source code or data.

Don’t Copy From Us. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of BlockApps’ content, including without limitation any marks, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise.

Any use of the BlockApps Products other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use the BlockApps Products.

License You Grant to Us Over User Content

There are areas of the Services and areas on third-party sites where you can communicate with us. We do not own any of your content.  However, by providing content to us, you grant us a license to use it. These communications between you and BlockApps will be referred to as “User Content.”

When you submit, post, or otherwise direct communications to BlockApps (through the use of the Services, on third-party sites, or via a telephone call with a member of our team) you grant us a universal, non-exclusive, transferable, worldwide, royalty-free, irrevocable, sub-licensable through multiple levels of sublicenses, perpetual license to use, publicly display (in any media or format), edit, stream, digitize, modify, reproduce, distribute, store, and prepare derivative works of your User Content in any formats and through any channels, including across any service that we may own. You agree that the User Content provided to BlockApps is non-confidential and that BlockApps has the right to unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Applicable Laws and Regulations

Your use of the BlockApps Products is subject to applicable laws and regulations in the jurisdiction from where you are using our products.  Some possible laws that may apply to you are as follows:

  • State, province, or local money transaction laws;
  • Relevant tax authority regulations, rules, and laws;
  • The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001;
  • Anti-Money Laundering Act of 2020;
  • The Currency and Foreign Transactions Reporting Act of 1970, aka the Bank Secrecy Act (“BSA”); and
  • The Office of Foreign Assets Control (“OFAC”) Sanction Programs.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “BLOCKAPPS PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, CORRUPTION, BREACH, OR DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION ON VALUE OR BUSINESS OPPORTUNITY, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INTENGIBLE, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING FROM: (I) THIS AGREEMENT OR YOUR ACCESS TO, USE OF, OR RELIANCE ON OUR BLOCKAPPS PRODUCTS  OR ANY ERRORS OR OMISSIONS IN OUR SOFTWARE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, THE BLOCKAPPS SITE, OR BLOCKAPPS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR API; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR BLOCKAPPS PRODUCTS BY ANY THIRD-PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE TRANSACTION FEES PAID TO US FOR THE USE OF THE BLOCKAPPS PRODUCTS.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimer of Warranties

BLOCKAPPS PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE BLOCKAPPS PRODUCTS OR ANY CONTENT THEREIN, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ACCESSIBLE VIA THE BLOCKAPPS SITE, ANY PART OF THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, TIMELY, ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE BLOCKAPPS PRODUCTS WILL MEET YOUR REQUIREMENTS.

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.

The forgoing limitations of damages, liability, and no warranty provisions set forth above are fundamental elements of the basis of the bargain between you and BlockApps.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold us and the BlockApps Parties harmless from and against any and all claims, damages, obligations, losses, penalties, actions, liabilities, judgments, costs or debt, and expenses (including but not limited to attorneys’ fees), disbursements or any actions of any kind of injury (including death) arising from: (i) your use of and access to our BlockApps Products; (ii) your violation of any term of this Agreement; or (iii) your violation of any law, rule, or regulation, or right of any third-party.

If you are a California resident, you waive California Civil Code Section 1542, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

If any regulatory inquiry, legal action, litigation, dispute, or investigation related to you, your account or any related account arises (collectively referred to “Legal Action”), you agree to indemnify us for actual, reasonable legal costs and expenses directly related to the Legal Action.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

No matter where you’re located, the laws of the State of New York will govern these Terms and our relationship as if you signed these Terms in New York, without regard to New York’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. You agree to submit to the federal or state courts in the State of New York for exclusive jurisdiction of any dispute arising out of or related to your use of the BlockApps Products or your breach of these Terms.  You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Note to International Users

BlockApps is hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which is governed by US law, you are transferring your Personal Information to the United States and you consent to that transfer.

No Tax or Legal Advice

BlockApps does not provide legal, tax, or investment advice to you.  You are solely responsible for determining if you need to consult with qualified professionals in your own jurisdiction prior to using the BlockApps Products or determining whether a transaction on STRATO Mercata is appropriate for you and your objectives.

Suspension, Termination, and Cancellation

We reserve the right to suspend or terminate your access to use the BlockApps Products without providing you with notice or reason. In the event of suspension, termination, and cancellations your obligations under this Agreement will still continue.

Suspension will occur if we, in our sole discretion, suspect that you and/or your account is in violation of the provisions of this Agreement, applicable laws, or our KYC/AML policies.  Suspension shall also occur if we are: (i) required to do so by a regulatory authority, court order, facially valid subpoena, or binding order of a government authority; (ii) the account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding; (iii) the account has a negative balance for any reason; (iv) your ACH deposit was returned to your bank; (v) we believe someone is attempting to gain unauthorized access to the account; (vi) we believe there is unusual activity in the account; (vii) we believe your account was used to send or receive a ransomware payment; (viii) the account is being accessed from a jurisdiction where we do not offer the use of our BlockApps Products; or (ix) the account has not been accessed in two years or more.

If your account has been suspended, you will be notified when accessing the BlockApps Products. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.

BlockApps may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.

No Waiver

This Agreement shall not be construed to waive rights that cannot be waived under applicable laws, including applicable state money transmission laws in the state where you are located. In addition, our failure or delay in insisting upon or enforcing strict performance by you of any provision of this Agreement or exercising any right, power, or privileged under this Agreement shall not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Survival

You understand and agree that all provisions of this Agreement, which by their nature extend beyond the termination or expiration of this Agreement, including, but not limited to, sections pertaining to suspension, cancellation, debts owed to BlockApps, investigations, remedies for breach, termination, right to offset, unclaimed funds, general use of the BlockApps Products, disputes with BlockApps, and general provisions, shall survive the termination or expiration of this Agreement.

Notices

You agree that we may provide notices to you in the following ways: (i) a banner notice on blockapps.net; (ii) an email sent to an address you provided, or (iii) through other means including mobile number, telephone, or mail.

Arbitration & Waiver of Class Action

Agreement to Arbitrate. You agree and understand that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the BlockApps Products, any communications you receive, any products sold or distributed through the BlockApps Products, or the Agreement and prior versions of the Agreement (each a “Dispute”) shall be resolved solely and exclusively by binding arbitration, rather than in court, except that: (1) you and BlockApps may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as patents, trademarks, trade dress, domain names, trade secrets, and copyrights); and (2) you or BlockApps may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court.  That means you cannot sue us in court or have a trial by jury.  You agree to keep any arbitration strictly confidential.

Format for Arbitration. The parties agree that: (i) any arbitration will occur in the State of New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association (“AAA”) for arbitration of Consumer-Related Disputes then in effect, in the English language, and with limited discovery.

If mutually agreed to, hearings may be conducted in person, by telephone, or remotely by way of video conference administered by the AAA and conducted in English and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal.

Other Provisions. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEY’S FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.

Waiver of Class Action. THE PARTIES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

Export Control and Sanctions

Your use of the BlockApps Products is subject to United States and international applicable laws including, but not limited to export restrictions, end-user restrictions, antiterrorism laws and economic sanctions.  By using the Services or the BlockApps Site, you represent and warrant that the BlockApps Products may not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries as to which the U.S. maintains an embargo (“Embargoed Countries”), or to or by a national or resident thereof, or any person or entity of the U.S. Department of Treasury’s List of specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders.  The lists of Embargoed Countries and designated nationals are subject to change without notice.  Further, you represent and warrant that you are not (and any end users who access and use the BlockApps Products using your Account access are not) located in, under the control of, or a national or resident of an Embargoed Country or designated national.

You understand and agree that you will comply with all applicable laws, including, but not limited to those of the United States, the United Nations Security Council, and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).  Without limiting the foregoing, you may not use our Services or the BlockApps site if: (i) you are in, under the control of, or a national or resident of any country or region subject to sanctions or embargoes issued by OFAC, the U.S. Department of State, the United Nations, the UK’s HM Treasury’s financial sanctions regime, or any other applicable government authority (each, a “Prohibited Jurisdiction”); (ii)  you are on OFAC’s Specially Designated Nationals List, the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, HM Treasury’s financial sanctions regime, or any similar list of restricted persons issued by an applicable government authority (each, a “Governmental Watchlist”) (collectively (i) and (ii) shall be referred to as a “Sanctioned Person”); or (iii) you intend to offer any services that we provide on the BlockApps Site to any Prohibited Jurisdiction or Sanctioned Person.

Force Majeure

We shall not be held liable for any delays, failure in performance, or interruptions 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 terrorism, civil disturbance, war, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, sabotage, 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.

Assignment

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third-party. This Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.

Unclaimed Property

If your account remains dormant for a long period of time, we may be required by law to report the remaining funds in your account as unclaimed property in accordance with abandoned property and escheat laws.  If this occurs, we will use reasonable efforts to give you written notice and if you fail to respond to such written notice within the notice period required by law, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.

Relationship of Parties

You agree and understand that nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind, and the rights and obligations of the parties shall be limited to those expressly set forth herein.

E-Signature Disclosure

BlockApps shall deliver to you by email or any other electronic means all communications, agreements, disclosures, documents, or notices (collectively, “Communications”) related to this Agreement, the use of the Services, or the use of the BlockApps Site.  Communication shall include, but not be limited to, terms of use and policies, including updates to these agreements and policies; account or transactional information; legal, regulatory and tax disclosures we may be required to provide to you, or any other matter, including documents and/or notices required to be delivered to you by applicable securities law or any other law or otherwise. By using our BlockApps Products, You hereby consent to receive such documents and notices by such electronic delivery and agree to participate through any online or electronic system that may be established and maintained by BlockApps or a third-party designated by BlockApps.

It is Your responsibility to update the information we have on file for you to ensure it is current and up to date.  You understand and agree that if BlockApps sends you a electronic Communication but you do not receive it because you did not update your information, our message was blocked by your service provider, or you are otherwise unable to receive electronic Communications, BlockApps will be deemed to have provided the Communication to you.

Entire Agreement

This User Agreement and the Privacy Policy sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) and every nature between us.  Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Please send us a message at [email protected].

We know that Terms can be long.  Thanks for making it to the end!

Privacy Policy

Last Updated: October 21, 2022

This Privacy Policy describes the policies and procedures of BlockApps, Inc. (“we,” “our,” “us”, or “BlockApps”) on the collection, use, recordation, and disclosure of your information when you (i) sign up to use a BlockApps account or service through https://www.blockapps.net, the services, features, content, applications, and application protocol interfaces (“BlockApps APIs”), or the BlockApps mobile application products and related services we offer (collectively referred to as the “BlockApps Site”); or (ii) record a transaction on the STRATO Mercata blockchain provided by BlockApps; or (iii) such other services that may be offered by BlockApps from time to time (collectively (i), (ii), and (iii) shall be referred to as “Services”).  This Privacy Policy does not apply to third-party websites, products, or services, even if we provide links to them or them to us.

Your privacy is important to us. When running the Services, we follow a few fundamental principles:

  • We do our best to limit the collection of Personal Information (defined below).
  • We don’t share your information with third parties except as needed to deliver you the Services, comply with the law, make BlockApps better, protect our rights, or effectuate a business transfer.
  • We’re not a huge, faceless corporation. We’re just normal people trying to deliver an incredible experience. If you have any questions or concerns about this policy, please reach out to us at [email protected].

Changes to This Policy

We occasionally review this Privacy Policy to make sure it complies with applicable laws and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Last Date Updated” at the top of this page so that you can tell if it has changed since your last visit and will do our best to notify you. Please review this Privacy Policy regularly to ensure that you are aware of its terms. Any use of BlockApps after an amendment to our Privacy Policy constitutes your acceptance to the revised or amended agreement.

How You Accept This Policy

By using the Services, requesting to join our mailing list, or signing up for a demo, you agree to the use, disclosure, and procedures outlined in this Privacy Policy.

If you do not agree with or you are not comfortable with our Privacy Policy, you should immediately stop access or use of our Services.

What Information Does BlockApps Collect?

The information we collect from you falls into two categories: (i) personally identifiable information (i.e., data that could potentially identify you as an individual) (“Personal Information”), and (ii) non-personally identifiable information (i.e., information that cannot be used to identify who you are) (“Non-Personal Information”). This Privacy Policy covers both categories and will tell you how we might collect and use each type.

We may collect a variety of Personal Information, including:

  • Your contact information, such as your first name, last name, date of birth, photograph, home address, email address, and telephone number when you sign up for our Services, mailing list, or request a demo;
  • Your identification information such as your social security, financial records, tax records, government issued identification documentation such as a passport, driver’s license, state ID card, national ID card, and/or other information we deem necessary for us to comply with our legal obligations under financial or anti-money laundering laws.
  • Your institute’s information such as an employer identification number, articles of incorporation to prove legal formation, and personal identification information for all beneficial owners holding interest of 10% or more in your institute.
  • Information from Third Party Services (defined below) that you explicitly give us access to and from public databases, credit bureaus, and identity verification partners; and
  • Your banking and accreditation information (although we use a third-party payment processor, as described below) and your billing address.

We may also collect a variety of Non-Personal Information, including analytics data including: (i) the IP address of the computer you use to access the Services; (ii) the type of browser software you are using; (iii) the operating system you are using; (iv) the date and time you access or use the Services; (v) the website address, if any, that linked you to our Services; (vi) the website address, if any, you leave our website and travel to; and (vii) other non-personally identifiable traffic data.

How We Collect Information

When You Create a Sign Up At a BlockApps Site, For Services, For Our Mailing List, or Request a Demo.  If you sign up for our Services, we may request certain Personal Information. This may include contact information such as your name, organization, address, email address, social security/employer identification number, proof of legal entity formation, personal information for all material beneficial owners, financial records, banking information, photo, and telephone number.

Information We Automatically Collect

Like most websites, BlockApps may incorporate technology such as “pixel tags,” “web beacons,” and “cookies.” Pixel tags or web beacons are tracking devices on websites or in emails that can monitor the behavior of the user visiting the website or sending the e-mail. Cookies (not to be confused with the sugary treat) are small files that web servers may place on your computer when you visit a website.

Here at BlockApps, we use cookies to help identify and track usage of the Services and to make it easier to deliver a personalized experience. You can easily refuse our cookies by adjusting the preferences in your browser. However, be forewarned that disabling cookies may cause BlockApps to not operate properly.

In order to improve and grow, BlockApps may use your information to perform its own analytics and to enable analytics provided by third parties.  We may use analytical information for business analysis and operations purposes, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations.  BlockApps may also use third parties, such as Flurry, in order to develop and analyze use of the Services.

Third Party Services

We haven’t built all of the features offered on our Services from scratch. To run the Services, we often utilize various third-party products (collectively “Third Party Services”), including, but not limited to AWS Cloud to create an instance of our blockchain solution on STRATO Mercata, credit bureaus, ID verification partners, blockchain data providers and analyzers, and advertising networks and analytics providers. Please note that your use of these Third-Party Services is governed by their respective Terms of Service and Privacy Policies. We use and disclose any collected information in accordance with our own Privacy Policy.

Communication You Initiate with Us

We do everything possible to make sure you have an amazing experience when using our Services. If you contact us in person, by phone, email, instant message, live chat, social media, or by some other means (either through our Services or through a Third-Party Service), we may keep a record of your contact information and correspondence for later reference (to help improve our Services!).

How We Use the Information We Gather

We primarily use the information we collect and store (i) to provide you with an efficient, secure, and smooth user experience and to create, develop, deliver, and enhance the Services, content and advertising; (ii) for loss prevention and anti-fraud purposes; (iii) for enforcement of the terms in our user agreement and other agreements; and (iv) to maintain legal and regulatory compliance. Except if we sell all or a portion of our business, or as otherwise described below, we do not rent, trade, or sell your Personal Information.

Use of Information to Provide Services to You

We use Personal and Non-Personal Information to create an awesome experience. Some ways we may internally use your information are to:

  • Maintain legal and regulatory compliance;
  • Ensure quality control;
  • Enforce the terms in our agreement;
  • Prevent fraud;
  • Provide Services to you;
  • Contact you when necessary;
  • Respond to your comments or questions;
  • Provide you with additional information according to your preferences;
  • Customize and personalize your Services experience;
  • Generate aggregated statistics to help us improve the customer experience;
  • Make the Services easier and more convenient for you (such as by prepopulating forms when you have already provided identical information);
  • Send you information and marketing materials about services and products available on our Services;
  • Train our team members; or
  • Other internal business purposes.

Agents or Third-Party Partners

We may provide your Personal Information to our employees, contractors, agents, service providers, and designees (“Agents”) to enable them to perform certain services for us exclusively, including:

  • Website-related services such as web hosting;
  • Improvement of website-related services and features;
  • Identity verification and credit checks including verification that selfie matches photo on your government issued ID;
  • Verification that you are an accredited investor;
  • Maintenance services;
  • Detect and prevent fraudulent activity;
  • Connecting your BlockApps account with your bank account;
  • Processing of payments you have authorized through financial institutes with whom we transact;
  • Network infrastructure, cloud hosting, cloud storage, payment processing, security, monitoring transactions, internet, data analytics, document service;
  • Distribution of advertisements and other marketing materials on our behalf; or
  • With law enforcement or other third parties to comply with a subpoena, court order, or similar legal procedure, or where we believe in good faith that disclosure of Personal Information is necessary to report suspected illegal activity, investigate violations of our agreement or other policies, or prevent physical harm or financial loss.

Business Transfers

We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, your Personal Information could be one of the assets transferred to or acquired by a third party. By accepting this Privacy Policy, as outlined above, you consent to any such transfer.

Protection of Us and Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to: comply with the law or a court order; cooperate with law enforcement; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of BlockApps, our employees, our users, or others.

What Personal Information Can I Access or Change?

If you decide you don’t want to receive email or other mail from us, you can select the “opt out” provision in our communications to unsubscribe. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific request.

Presently it is not possible for you to change, alter, or amend Personal Information that you provide to us.  If you would like to modify any information that you provide to us or delete this information, please contact us at any time at [email protected].

California Privacy Rights

Under California Consumer Privacy Act of 2018 (“CCPA”) if you are a California resident, we are required to provide certain information to you about how we collect, use and share your Personal Information, and about the rights and choices you may have about your personal information.

The categories of Personal Information collected can be found in section titled “What Information Does BlockApps Collect?.”

The purposes for how we may use your personal information can be found in the sections titled “How We Use the Information We Gather” and “Use of Information to Provide Services to You.”

The purposes for how we may share your personal information can be found in the section titled “Agents or Third-Party Partners.”

California Consumer Rights. California consumers have the following additional rights under the CCPA with respect to their Personal Information. Please understand, however, that these rights are not absolute, and we may decline requests as permitted under applicable law.

  • Right to Request Access to or Deletion of Personal Information. You may have a right under CCPA to request information about the collection of your personal information by BlockApps in the past 12 months and the access to or deletion of your personal information. If you wish to do any of these things, please contact us at [email protected].
  • Right to No Sale of Personal Information. In the past 12 months, BlockApps has not sold any personal information of consumers, as those terms are defined under the CCPA.
  • Right to No Discrimination. You have the right to exercise the privacy rights conferred by the CCPA without discriminatory treatment. BlockApps will not discriminate against any consumer for exercising their rights under the CCPA.

We are legally obligated to verify your identity when you submit a request; thus, we may request additional information from you, like your date of birth or a personal identification number, to verify your identity. If we cannot verify your identity, we may deny your request.

Please understand that these rights are subject to limitations as described in the CCPA.

Data Retention

If you request that your information be deleted, we still may retain some Personal Information that you have provided to us in order to preserve our legal rights, maintain our obligations, or comply with relevant laws.

Data Security

We are committed to making sure your information is protected and have selected third-party vendors that help keep your Personal Information safe. Unfortunately, we do not control these third parties and therefore cannot guarantee complete security.

We follow generally accepted industry standards and take reasonable measures to help protect the information we collect from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

If you log into your account on a shared computer, be sure to sign out of your account when finished. If you believe a third party has access to your account, you must let us know as soon as possible.

Even with all these precautions, we cannot fully guarantee against the access, disclosure, alteration, misuse, or deletion of data through events, including but not limited to hardware or software failure or unauthorized use. Any information that you provide to us is done so entirely at your own risk.

Children

We are especially sensitive about children’s information. We’re not a site targeted towards children, and we don’t knowingly collect information from children under the age of 18. If you are a parent or legal guardian of a minor child, we will treat any information that you provide us while using BlockApps on behalf of your minor child as Personal Information as otherwise provided in this Privacy Policy. If we suspect that the user submitting personal information is younger that 18 years of age, we will require that user to close his/her account and will not allow the user to continue using our Services.  If you have questions concerning our information practices with respect to children, or if you learn that a child under the age of 18 has used BlockApps, created a user account, or provided us with personal information, please email us at [email protected].

Online Tracking and How We Respond to Do Not Track Signals

Online tracking is the collection of data about an individual’s Internet activity used to deliver targeted advertisements and for other purposes. Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If an online service elects to respond to a particular DNT signal, the service may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including BlockApps, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

International Users and Visitors

BlockApps is hosted in the United States. Because the Internet is global, you should note that by providing Personal Information as an international visitor or user, you are: (i) permitting the transfer of your Personal Information to the United States, which may not have the same data protection laws as the country in which you reside; and (ii) permitting the use of your Personal Information in accordance with this Privacy Policy.

Questions?

We’d be happy to answer them. Shoot us an email or send us a note:

Email: [email protected]

Mailing Address:

BlockApps, Inc.
315 Meserole St., Suite B4
Brooklyn, NY  11206

Thanks for reading our Privacy Policy!

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Call us at (833) 325-6252 or(833) 3-BLOCKAPPS