Cirus Terms of Service

Welcome to CIRUS, a pioneering data and technology platform powered by the CIRUS Foundation (“CIRUS,” “we,” “us”). At CIRUS, we envision a transformative era of data autonomy, where every individual possesses full ownership and control over their personal data. Our mission is to nurture this emerging landscape by establishing an ethical data marketplace, designed to provide tangible benefits to our users (“Users” or “you”) and partners (“Partners”), while also contributing positively to the wider community.

CIRUS offers an innovative application that allows Users to establish their personal data vaults (the "Data Vault"). Users who authorize CIRUS or its Partners to access their Data Vault qualify for (i) continuous personalized analysis concerning their data usage, patterns, and trends ("Insights"); and (ii) a rewards scheme that grants points to Users for connecting their Data Vault and sharing data with CIRUS or its Partners ("Rewards"). 

The Data Vault, Insights, and Rewards are each a “Service” and together the “Services.”   Please read this Terms of Service agreement (the “Terms”) carefully. 

CIRUS’s website and its subdomains (collectively, the “Website”), the information on the Website, the CIRUS Web Extension (“CIRUS Wallet”), the CIRUS mobile application (“Mobile App,”, “CIRUS Wallet “ together with the Website, the “Platform”), and the Services available or enabled via the Platform, are controlled by CIRUS Foundation a Cook Islands Foundation.

By clicking on the “accept” (or similar) button, completing the registration process, browsing the website, downloading or using the mobile app or web extension, or otherwise accessing or using any of the services, you represent that:

1. You have read, understand, and agree to be bound by the terms;
2. You are of sound mind, at least eighteen (18) years of age, and capacity to form a binding contract with CIRUS, and;
3. You have the authority to enter into the terms. The term “you” refers to the individual user identified with a cirus account. 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS THE PLATFORM OR USE ANY OF THE SERVICES.

Please be aware that section 2.5 of the terms below contains your opt-in consent to receive communications from us, including, as applicable, via e-mail the mobile app, and push notification. 

THE TERMS IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 12 OF THE TERMS.

CIRUS IS NOT A BANK OR A LICENSED FINANCIAL SERVICES COMPANY.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY CIRUS IN ITS SOLE DISCRETION AT ANY TIME.

When changes are made, CIRUS will make a new copy of the Terms available at the Website and any new Terms will be made available from within, or through, the Mobile App. We will also update the “Last Updated” date at the top of the Terms. In the event that a change to the Terms materially modifies User’s rights or obligations CIRUS will make commercially reasonable efforts to notify User of the change, including via email or presentation of a pop-up window or other notification to User through the Mobile App. User may terminate the Terms after receiving notice of material modifications, by providing notice to CIRUS within fifteen (15) days of receipt of notice. Immaterial modifications are effective upon publication. Material modifications will be effective upon the earlier of: (a)continued use of the Service with actual knowledge of the modification, or (b)thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect at the time the dispute arose. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. You agree that CIRUS’s continued provision of the Services is adequate consideration for the changes in the updated Terms.

1. Description of Services

1. CIRUS Products

Our service offers a comprehensive solution designed to prioritize user privacy and financial functionality through a dual-component system: a Data Vault for personal information storage and a versatile crypto wallet (CIRUS Wallet). This innovative platform is accessible via both a web extension and a mobile application, catering to a broad spectrum of user needs and preferences.

1. Data Vault: Our Data Vault feature allows users to securely store and manage their personal data, including browsing history and other sensitive information. Employing state-of-the-art encryption and security measures, the Data Vault ensures that users have complete control over their data. This feature not only enhances privacy but also gives users the autonomy to decide what information is stored and how it's utilized. The integration of the Data Vault into both our web extension and mobile app means that users can effortlessly manage their data across multiple devices.

1. CIRUS Wallet: A cornerstone of our service is the integrated crypto wallet, designed to facilitate seamless transactions on the blockchain. Users can easily manage their digital assets, execute transactions, and interact with decentralized applications (dApps) directly from the wallet. The wallet supports a wide array of cryptocurrencies and tokens, offering users the flexibility to engage with the crypto ecosystem according to their investment strategies and preferences.

1. Third-Party Integrations: Our platform enhances its core offerings with access to token pricing, token swaps and fiat on/off ramps, facilitated not directly by us, but through third-party service providers. While these features allow users to exchange cryptocurrencies and convert between fiat and crypto seamlessly within our wallet interface, it's important to note that these services are governed by the terms and conditions of the respective third-party providers. Users engaging with these services will be subject to the third parties' terms of service, ensuring transparency and clarity in all transactions. We carefully select these third party services to provide secure and efficient services, but users are encouraged to review the third-party terms to understand their rights and obligations fully.

By combining a secure Data Vault with a versatile crypto wallet and integrating key blockchain services, our platform empowers users to take control of their personal data while engaging with the digital economy in a secure and user-friendly environment.

1. Accessing CIRUS Services

1. Access: CIRUS Services are available through its website, web extension and mobile app. 

1. Eligibility

1. Terms of Services Acceptance: Must accept the entire Terms of Services.

1. Age: You must be 18+ years old or legal age in the jurisdiction in which you reside and have the legal capacity to enter into these Terms and be bound by them to be eligible.

1. Legal Capacity: If you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity’s behalf.

1. Location: Must not be a resident or citizen on the Restricted List as defined by Section 14.

1. Personal Information. All Users must share certain personal information to use CRISU Services. To learn more about how we handle your personal information, please refer to our Privacy Policy, available at https://cirusfoundation.com/privacy-policy/.

1. Language. At this time, CIRUS’s customer support will be exclusively provided in English, subject to change in our sole discretion.

1. Limitations. Users can only have one CIRUS Account.

1. Data Vault and Sharing

1. Data Vault

1. Control. By creating a using our products, you will be given access to a personal Data Vault that you control. The Data Vault is only accessible to you through our CIRUS Products. The login credentials you create for your CIRUS Account will enable your access to your Data Vault. CIRUS will access your Data Vault only with your permission.

1. Ownership. Notwithstanding your ownership rights described in Section 3, you acknowledge and agree that you shall have no ownership or other property interest in the Data Vault itself, including but not limited to, CIRUS’s software, Platform, source code, servers, proprietary algorithms, or other intellectual property and you further acknowledge and agree that all rights in and to your Data Vault are and shall forever be owned by and inure to the benefit of CIRUS.

1. Portability. In the event you decide to terminate your use of the Services and/or your CIRUS Account, you will have the ability to retrieve your User Data (defined below) stored in the Data Vault in the manner, method, and format that CIRUS, in its sole determination, proscribes.

1. Data Deletion: If you wish to terminate the use of our services and want your data to be deleted from the Data Vault you can submit a request by sending us a email at delete@cirusfoundation.com

1. Sharing with CIRUS

Once you install our Product and register, you will have the option to share your User Data from your Data Vault with CIRUS (“Share” or “Sharing”). By Sharing your Data Vault with CIRUS, you will gain access to the other CIRUS Services, Insights and Rewards (see below for more information). All Sharing of your User Data with CIRUS is done on an anonymized basis i.e., the processing of personal information in such a way that the data can no longer be attributed to a specific individual without the use of additional information and/or personal information rendered anonymous in such a manner that the individual is not or no longer identifiable (the process, “Anonymized”)— CIRUS does not connect your Anonymized User Data with any of your personal information without your consent. You may stop Sharing with CIRUS at any time; please see Section 3.3 for more information about Shared Data.

1. Data Score 

Through Sharing with CIRUS, you will be given a unique scoring metric that measures the depth, scope, richness, value, and quantity of your Sharing against other CIRUS Users (your “Data Score”). Your Data Score is generated via CIRUS’s proprietary software and informs the Insights and Rewards. Your Data Score is dynamic and fluid—it may rise as you Share more with CIRUS, or may fall as other Users Share more Connections relative to you. CIRUS may change the calculation, formula, inputs, or algorithm of the Data Score at any time. Your Data Score is personal to you and CIRUS does not share it on an identified basis without your consent.

1. Insights.

Sharing enables your Data Vault to provide you with Insights. Insights is a Service powered by CIRUS’s proprietary software and algorithms that analyzes User Data (defined below) and produces unique learnings. The learnings from Insights will be delivered to you periodically. Such reports generated by Insights are intended to reveal powerful actionable insights about your digital behavior, trends in the data marketplace, and your positioning relative to other Users. Insights are specific to you and completely private—your Data Vault does not share your identified Insights with CIRUS. You may also be able to share the Insights reports on compatible social networking platforms. Any Insights reports generated are part of your User Data, and CIRUS does not share identified Insights with any third parties without your consent.

1. Rewards

Sharing with CIRUS also enables you to participate in Rewards. Rewards is another CIRUS Service, explained in further detail in Section 5 below.

1. CIRUS Wallet

The CIRUS Wallet, embedded within the CIRUS Web Extension and linked to the CIRUS Data Vault, represents a pioneering solution for the modern digital citizen. It bridges the gap between cryptocurrency management and personal data security, offering a holistic platform for users who value privacy, security, and convenience in their digital lives.

The CIRUS Wallet provides an effortlessly accessible and intuitive interface for managing your digital currencies. This integration ensures that users have a unified experience, navigating through crypto transactions and personal data storage without the need to switch between different applications or platforms.

At its core, the CIRUS Wallet enables users to send, receive, and manage a wide range of cryptocurrencies with ease including CIRUS Reward tokens defined in Section 5.

1. Use of Services

1. Website License

The Platform, the Services, and the information and content available on the Platform and the Services (as these terms are defined herein) are protected by copyright laws throughout the world. Subject to the Terms, CIRUS grants you a non-transferable, non-exclusive, revocable, limited license to (a) use and access the Website solely for your own personal purposes; and (b) access and use the content and information made available by CIRUS on the Website solely for personal purposes. Unless otherwise specified by CIRUS in a separate license, your right to use the Website is subject to the Terms.

1. Mobile App License

Subject to your compliance with the Terms, CIRUS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a mobile device that you own or control and to run such copy of the Mobile App solely for your own personal purposes. Furthermore, with respect to the Mobile App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application(a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

1. Web Extension License

Subject to your compliance with the Terms, CIRUS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Web Extension on a desktop device that you own or control and to run such copy of the Web Extension solely for your own personal purposes. 

1. Updates

You understand that the Services are evolving. As a result, CIRUS may require you to accept updates to the Mobile App or Web Extension that you have installed on your device in order to continue accessing and using the Services. You acknowledge and agree that CIRUS may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

1. Compliance and Restrictions

To be eligible to use the Services you must comply with all the Terms and all local laws regarding online conduct. You understand that CIRUS owns the Platform and the Services. You agree not to screen scrape, reproduce, infringe, modify, publish, transmit, create derivative works based on, reverse engineer or otherwise exploit the Platform or any of the Services.

1. CIRUS Communications

By entering into the Terms or using the Platform, you agree to receive communications from us, including via e-mail, the Mobile App, web extension and push notifications. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your CIRUS Account or the use of the Platform and/or Services, updates concerning new and existing features on the Platform and/or Services, communications concerning promotions run by us, Partners, or our third-party service providers, and news concerning CIRUS and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

1. Ownership

1. CIRUS Proprietary Rights

1. Except with respect to User Data, the Platform and Services are the exclusive property of CIRUS and constitute valuable intellectual property and proprietary materials of CIRUS. Subject to the limited rights expressly granted in the Terms, CIRUS reserves all right, title and interest in and to the Platform and Services, including all intellectual property rights. No rights or licenses are granted to User except as expressly set forth in the Terms.

1. The look and feel of the Platform and Services, including any custom fonts, graphics and button icons are the property of CIRUS and you may not copy, imitate, or use them, in whole or in part. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or any of the Services.

1. Your Data

All data, information, content, and derivatives thereof from Sharing with your Data Vault is your “User Data.” CIRUS does not claim ownership of your User Data. You retain all right, title and interest in and to your User Data and all intellectual property rights embodied therein. By Sharing, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Data (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Data. You further warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Data, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated below.

1. Shared Data

With the exception of any personally identifiable information you submit in registering your CIRUS Account (collectively, the “Excluded Content”), User Data you Share with CIRUS will be Anonymized before CIRUS takes possession (“Shared Data”). By Sharing your User Data with CIRUS, you grant CIRUS a right, title, and interest to the Shared Data, which will henceforth be deemed the jointly owned property of the Parties. CIRUS may access, use, distribute, reproduce, display, reformat, host, communicate, publish, publicly perform and publicly display and distribute Shared Data, as CIRUS may choose in its sole discretion. While you may stop Sharing with CIRUS at any time, Shared Data is irrevocable. Subject to our Privacy Policy and any applicable privacy laws and regulations, you grant CIRUS a fully paid, royalty-free, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Excluded Content (in whole or in part).  

1. User Conduct

1. Privacy Policy. Please review our Privacy Policy, available at https://cirusfoundation.com/privacy-policy/ ,which is incorporated into the Terms by reference.

1. Acceptable Use. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or by applicable law. You may not (and shall not permit any third party to) use the Services:

1. for any illegal purpose;

1. for data mining, scraping, or releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from the Platform or the Services, except to the extent the Platform is indexed by general purpose public search engines;

1. to build competitive products or services or otherwise compete with CIRUS;

1. for modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any content available through the Services except for your User Data;

1. to attempt to gain unauthorized access to CIRUS’s networking platform or interfere with the Services by any means including introduction of malware or excessive usage or network traffic;

1. to commit fraud in the Rewards Program or using Redemption;

1. to access or collect any personally identifiable information of other persons; or

1. to interfere with any security features of our Services or the Platform. You acknowledge and agree that the unauthorized use of our Services could cause irreparable harm to CIRUS and that in the event of such unauthorized use, CIRUS shall be entitled to an injunction in addition to any other remedies available at law or in equity.

1. Misuse

In the event that CIRUS reasonably concludes that User has provided CIRUS with untrue or inaccurate information or is failing to comply with the Terms then CIRUS may suspend User’s access to the Service or terminate User’s Service account. If CIRUS bans you from the Platform and/or Services, you may not return for any reason or in any manner including with anew username or identity. In the event that you return, or attempt to return, after you’ve been banned, you will be deemed to have breached the Terms, and CIRUS reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

1. Compliance with Laws

In its use of the Services, User shall comply with all applicable laws.

1. Rewards Program

1. Program and Eligibility

In connection with a CIRUS Account, CIRUS offers Users the ability to earn Points (as defined below) for certain actions, activities, or transactions related to Sharing access to the Data Vault with CIRUS or Partners (collectively, the “Rewards Program”). The Rewards Program is offered at no additional charge to Users. The Rewards Program begins upon the opening of the User’s CIRUS Account. POINTS ARE NOT LEGAL TENDER AND HAVE NO CASH VALUE OUTSIDE OF THE REWARDS PROGRAM. YOU HAVE NO LEGAL INTEREST OR PROPERTY OR OTHER RIGHTS TO POINTS, AND THEY CANNOTBE BOUGHT, SOLD OR TRANSFERRED IN ANY WAY, TO ANY OTHER USER (INCLUDING UPONDEATH OR AS PART OF A DOMESTIC RELATIONS MATTER). IF (I) YOU TERMINATE OR DELETE YOUR CIRUS ACCOUNT, (II) YOUR CIRUS ACCOUNT FALLS OUT OF GOOD STANDING, OR (III) YOUR CIRUS ACCOUNT IS INACTIVE FOR 12 CONSECUTIVE MONTHS, YOU WILLFORFEIT ANY POINTS IN YOUR POINTS BALANCE. All Users with a CIRUS Account in “Good Standing” (meaning it is not frozen or suspended) are eligible for the Rewards Program. By agreeing to the Terms, you hereby authorize CIRUS to record and analyze your actions related to Sharing in order to calculate an accrual of Points. CIRUS reserves the right to disqualify any User from participation in the Rewards Program, suspend your participation in the Rewards Program and/or freeze any accrual or redemption of Points if we suspect fraudulent activity in your Data Vault, CIRUS Account or any User behavior that violates the Terms.

1. Points Rewards

CIRUS will award “Points” to Users through the Rewards Program based on certain actions, activities, or transactions related to your CIRUS Account. Points are accrued, and your Point balance (“Point Balance”) is displayed in your CIRUS Account on the Mobile App or Web Extension. At this time, as long as your CIRUS Account remains open and in Good Standing, Points will accrue in the manner described. Points may be rescinded if CIRUS determines, in its sole discretion, that the Points were awarded to you in error, corresponding actions have been rescinded, or if there is fraudulent activity in your Data Vault or CIRUS Account. If you believe that you are eligible for Points that were rescinded or that you have not received, or that you received Points that were calculated erroneously, please contact us.

1. Earning Points

By completing certain actions or performing activities, Users may receive Points. The Rewards Program core offering provides Points to Users based on Sharing with CIRUS or Partners. The specific number of Points or rate of accrual for Points will be displayed in the Mobile App/Web Extension, and may change based on your Data Score, or in our discretion. Prior to Sharing with CIRUS or Partners, you will be informed how such actions will impact your accrual of Points and will be given the option to accept or decline. Points, if available, may be accrued in the following ways:

1. Initial Sharing Bonus: Each time you Share with CIRUS, you may be offered a one-time reward of Points (“Bonus Points”). Bonus Points is a reward for Sharing your historical data and such Sharing will impact your Data Score. Bonus Points for each new Share will remain in a “pending” status in your Points Balance for 60 days while CIRUS verifies the authenticity of the Connection and Shared Data. After 60 days, the Bonus Points will become fully available to you.

1. Monthly Data Score Points: We also may reward you on a monthly basis for continuing to Share. Ongoing Sharing with CIRUS impacts your cumulative Data Score. At the end of each month, CIRUS will assess the movement of your Data Score over the previous month and reward you with Points commensurate with your Data Score (“Data Score Points”). Data Score Points will remain in a “pending” status in your Points Balance for 7 days while CIRUS verifies your Data Score.

1. Partner Sharing: CIRUS’s Partners may offer you opportunities to be rewarded with Points for Sharing Connections with them. Any offer from Partners will be communicated to you at the time and the details of the Sharing and Points rewards clearly stated. Sharing with Partners does not impact your Data Score or increase your Data Score Points.  THERE IS NO GUARANTEE OF POINTS OR MINIMUM AMOUNT ASSOCIATED WITH ANY SHARING ACTION OR SHARED CONNECTION. CIRUS retains full discretion as to whether any Sharing is eligible for Points rewards. CIRUS may add to or expand the available opportunities for you to receive Points at any time with or without notice to you. Points accrued will be added to and visible in your Points Balance in either an “available” or “pending” status. Once Points are “available” in the Points Balance, they are eligible for redemption in accordance with the Terms. There is no limit on the number of Points a User can accrue. Please note that Points may be forfeited, revoked or rescinded from your Points Balance if we suspect fraudulent or illegal activity has occurred in your Data Vault or CIRUS Account.

1. Program Terms

We reserve the right to suspend, alter, or terminate the features of the Rewards Program at any time. Our decisions regarding such suspension or termination are final.  If CIRUS terminates the Rewards Program, you will have until the termination date to redeem your Points. Any unredeemed Points remaining after the termination date will be forfeited. We may, from time to time and at any time in our sole discretion, amend, change, or limit any of the terms and conditions of the Rewards Program. Such changes are effective to all Users. Changes may include, but are not limited to, the number of Points awarded, the type of actions which qualify for Points, the rate of Point accrual, the relationship of Data Score to Points, the Point to Cash Back conversion, the type and/or value of Points, the availability of the Rewards Program, the Rewards Program offerings, the Partner offerings, the expiration of Points, the imposition of an annual membership fee or the increase of any fees associated with the Rewards Program, or the number of Points which may be earned. Your continued receipt of Points and/or Cash Back credits does not give you any vested rights and you may not rely upon the continued availability of Points or Cash Back rewards. We will post any such changes to the Terms in the Mobile App, and it is your responsibility to review the Terms for any such changes.

1. Disclaimer

WITHOUT LIMITING THE FOREGOING, THE REWARDS PROGRAM, POINTS, AND REDEMPTION FEATURE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.NEITHER CIRUS NOR ITS AGENTS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE REWARDS PROGRAM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) ANY PARTICULAR RESULT OR OUTCOME CAN BE DEFINITIVELY ACHIEVED. CIRUS IS NOT A PARTY TO AND MAKES NO WARRANTIES REGARDING ANY ISSUE IN CONNECTION WITH A DEPOSIT TO YOUR LINKED BANK ACCOUNT.

1. Third Party Services

1. Third Party Content and Links

Content created by parties other than CIRUS may appear on the Platform, through Connections you Share, or through links accessible on the Platform or through the Services. CIRUS is not responsible for and assumes no liability for any such content created by others or posted by others. By using the Platform, you understand that the information and opinions in any non-CIRUS content represent solely the thoughts of the respective author and are neither endorsed by CIRUS nor do they necessarily reflect any opinions or beliefs held by CIRUS. The Platform may include hyperlinks to other platforms maintained or controlled by third parties unrelated to CIRUS. CIRUS is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these other platforms. CIRUS is neither responsible for nor assumes any liability for the content of any platform maintained or controlled by any third party.

1. App Stores

You acknowledge and agree that the availability of the Mobile App and the Services is dependent on the third party from whom you received the Mobile App license(for example, the Apple App Store or Google Play) (each, an “App Store”). You acknowledge that the Terms is between you and CIRUS and not with the App Store. CIRUS, not the App Store, is solely responsible for the Platform and Services, including the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform or Services, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of Terms imposed by the applicable App Store when using the Platform or any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) is a third-party beneficiary of the Terms and will have the right to enforce it.

1. Accessing and Downloading the Mobile App from the Apple App Store. 

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

1. You acknowledge and agree that:

1. the Terms is concluded between you and CIRUS only, and not Apple, and;

1. CIRUS, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service

1. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

1. In the event of any failure of the AppStore Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between CIRUS and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CIRUS.

1. You and CIRUS acknowledge that, as between CIRUS and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

1. product liability claims;

1. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and

1. claims arising under consumer protection or similar legislation.

1. You and CIRUS acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between CIRUS and Apple, CIRUS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

1. You and CIRUS acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

1. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of Terms when using the App Store Sourced Application.

1. Third Party Token Swap and FIAT On/Off Ramp Services 

In our commitment to enhancing user experience and providing comprehensive functionality within our platform, CIRUS integrates widgets for third-party token swap services and FIAT on/off ramp capabilities. These services are designed to offer our users seamless access to cryptocurrency exchanges and the ability to easily convert between fiat currencies and cryptocurrencies within our platform's interface.

1. Service Providers: Please note that while these services are accessible through CIRUS’s platform via integrated widgets, they are fully provided and operated by independent third-party service providers. CIRUS itself does not offer these services directly and is not a party to the transactions.

1. Terms of Service: Users engaging with third-party token swap and FIAT on/off ramp services will do so under the terms and conditions, privacy policies, and any other relevant agreements established by the respective third-party service providers. It is the responsibility of the user to review and agree to these terms prior to utilizing the services. The terms set by these third-party providers govern all aspects of the services they offer, including but not limited to fees, transaction limits, security measures, and support.

1. Liability and Responsibility: CIRUS assumes no liability or responsibility for the performance, availability, or outcomes of the services provided by third-party entities. This includes any disputes, losses, failures, or discrepancies that may arise from the use of third-party services. Our role is limited to facilitating access to these services for the convenience of our users, without endorsement or guarantee of the services provided.

1. User Discretion: Users are encouraged to exercise discretion and due diligence when engaging with third-party services. CIRUS advises users to thoroughly understand the terms, conditions, and risks associated with these services before participation.

By using the third-party token swap and FIAT on/off ramp services through CIRUS's platform, users acknowledge and agree to the provisions set forth in this section, absolving CIRUS of any liability related to the use of these third-party services.

1. Disclaimer

PLEASE BE CLEARLY INFORMED: CIRUS IS NOT THE PROVIDER OF CRYPTOCURRENCY SERVICES, WHICH INCLUDE, AMONG OTHERS, TOKEN SWAPS AND FIAT ON/OFF RAMP OPERATIONS. SUCH CRITICAL SERVICES INTEGRAL TO THE FUNCTIONALITY OF THE CIRUS PLATFORM ARE EXCLUSIVELY PROVIDED AND MANAGED BY INDEPENDENT THIRD-PARTY ENTITIES. IT IS CRUCIAL TO UNDERSTAND THAT THE REGULATORY FRAMEWORK GOVERNING CRYPTOCURRENCY SERVICES IS HIGHLY DIVERSE AND SUBJECT TO SIGNIFICANT VARIATION ACROSS DIFFERENT LEGAL JURISDICTIONS.

AS USERS OF THE CIRUS PLATFORM, YOU BEAR THE SOLE RESPONSIBILITY FOR ENSURING THAT YOUR ENGAGEMENT WITH THESE THIRD-PARTY CRYPTOCURRENCY SERVICES IS IN FULL COMPLIANCE WITH THE LEGAL AND REGULATORY REQUIREMENTS APPLICABLE WITHIN YOUR JURISDICTION. CIRUS EXPLICITLY ABSOLVES ITSELF FROM ANY RESPONSIBILITY REGARDING THE ADHERENCE TO COMPLIANCE, REGULATORY STANDARDS, OR THE LEGALITY OF THE OPERATIONS CONDUCTED BY THESE THIRD-PARTY SERVICE PROVIDERS.

IT IS STRONGLY ADVISED THAT USERS UNDERTAKE THOROUGH DUE DILIGENCE AND POSSIBLY SEEK COUNSEL FROM QUALIFIED LEGAL PROFESSIONALS TO NAVIGATE THE COMPLEX REGULATORY LANDSCAPE SURROUNDING CRYPTOCURRENCY TRANSACTIONS AND SERVICES. THIS IS OF PARTICULAR IMPORTANCE GIVEN THE INTEGRATION OF THESE SERVICES WITHIN THE CIRUS PLATFORM'S ECOSYSTEM.

CIRUS EXPLICITLY DISCLAIMS ANY AND ALL LIABILITIES RELATED TO LEGAL OR REGULATORY ISSUES THAT MAY EMERGE AS A RESULT OF UTILIZING THESE THIRD-PARTY CRYPTOCURRENCY SERVICES. BY USING THESE SERVICES, USERS ACKNOWLEDGE AND ACCEPT THAT CIRUS CANNOT BE HELD LIABLE FOR THE ACTIONS, PRODUCTS, OR CONTENT OF THESE THIRD-PARTY ENTITIES, DESPITE THEIR ESSENTIAL ROLE IN THE PLATFORM’S OPERATIONS.

1. Confidential Information

1. You acknowledge that you may receive information relating to CIRUS, its business, products, and services, and related intellectual property (collectively, “Confidential Information”) in connection with your use of the Services. You agree to keep the Confidential Information strictly confidential, not to publish or disclose any Confidential Information to a third party, and only use such information to the extent necessary to exercise your rights under the Terms. You agree that you will not reproduce the Confidential Information and will hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party. You will use at least a reasonable standard of care in maintaining the confidentiality of the Confidential Information. You agree to restrict access to the Confidential Information to such of your personnel, agents and consultants, if any, who have a have a need to know and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the Terms. You agree that you will not acquire any rights under any patent, copyright, trade secret, or other right, or assert any lien against CIRUS’s Confidential Information. Your obligations with respect to Confidential Information with continue even after you have stopped using the Services or delete your CIRUS Account. You agree to destroy or return any Confidential Information at CIRUS’s request or upon termination or expiration of the Terms. In the event of any unauthorized disclosure or loss of Confidential Information, you will immediately notify CIRUS. Not withstanding the foregoing, you may disclose CIRUS’s Confidential Information to the extent the disclosure is required by law or by order of a court or governmental agency. However, in such event, you will assist CIRUS in obtaining a protective order or similar protection to maintain the confidentiality of the Confidential Information to the extent possible. You acknowledge that any breach of this section will cause immediate and irreparable injury to CIRUS, and in the event of such breach, CIRUS will have the right to seek and obtain injunctive relief, and to pursue any other remedies available at law or in equity, without being required to show any actual damage or irreparable harm, prove the inadequacy of its legal remedies, or post any bond or other security.

1. You agree to not issue press releases relating to CIRUS, or the Terms, or use any name, trademark, service mark, logo or commercial symbol of CIRUS, or any of CIRUS’s affiliates for any purposes, including in any brochures, advertisements, client lists or other promotional materials without prior written authorization by CIRUS in each instance.

1. Term and Termination

1. Term

The Terms commence on the date when you accept the Terms and remain in full force and effect while you use the Services (thus you may terminate by ceasing your use) or until terminated earlier in accordance with the Terms.

1. Termination 

Either party may terminate the Terms upon notice if the other party materially breaches the Terms, provided that (a) such party gives 30 days’ notice to such other party describing the manner in which the Terms has been breached, and (b)the breach remains uncured during such notice period. Notwithstanding the foregoing, CIRUS may suspend your access to the Service as described in Section 4. Further, you may terminate the Terms by deleting your CIRUS Account.

1. Effect of Termination or Expiration

Following the termination or expiration of the Terms, CIRUS shall delete your Data Vault and User Data contained therein, to the fullest extent permitted by applicable law. Any Points remaining in your Points Balance will expire. Any ongoing Sharing with CIRUS or Partners will cease immediately, and any Points otherwise scheduled to accrue to your Points Balance will be terminated.

1. Survival

Provisions of the Terms that by their nature are intended to survive, will continue to apply in accordance with their terms including, without limitation, confidentiality obligations, warranty disclaimers, indemnity obligations, limitations of liability, and Sections 7-13.

1. Representation: Disclaimer of Warranties

1. Authority

Each party represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations under the Terms.

1. User Warranties

You further represent and warrant that: (a) you are 18 years or older, and do not reside in any of the jurisdiction located on the Restricted List; and (b)you have not previously been removed from the Platform or been suspended from the Services.

1. Data Accuracy

You understand and accept that CIRUS does not guarantee the accuracy of information available in the Data Vault, through the Connections, or otherwise with the Services.

1. Disclaimers

1. Services Disclaimer. 

USER ACCEPTS THE SERVICE “AS IS,” AND CIRUS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CIRUS DOES NOT WARRANT THAT THE SERVICES OR THE INFORMATION OBTAINED THROUGH OR STORED ON THE SERVICES WILL MEET YOUR REQUIREMENTS, IS ACCURATE, CURRENT, FREE OF ERRORS OR OMISSIONS, SECURE, RELIABLE, OR WILL BE UNINTERRUPTED OR ACCESSIBLE AT ANY PARTICULAR TIME. CIRUS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CIRUS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

1. FROM TIME TO TIME, CIRUS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT CIRUS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. 

1. No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE AND AGREE THAT NEITHER CIRUS NOR ITS AFFILIATES IS LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CIRUS OR ITS AFFILIATESLIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

1. Third-Party Materials

As a part of the Services, you may have access to materials that are hosted by another party. You agree that CIRUS has no responsibility to monitor such materials and that you access these materials at your own risk.

1. Data Disclaimer

CIRUS is not responsible or liable for the accuracy of any Your Content. You assume sole responsibility for your use of this information.

1. Indemnification

1. Indemnification

User shall defend, indemnify, and hold harmless CIRUS against any third party claim, suit, or proceeding(including resulting liabilities, damages and/or costs (such as, but not limited to, reasonable attorneys’ fees)) (collectively, “Losses”) to the extent arising out of: (a)your Data Vault or User Data; (b) your use of any Service in violation of the Terms; (c) your violation of any rights of another party, including any other User; (d) your violation of any applicable laws, rules or regulations; or (e)your gross negligence or willful misconduct.

1. Exclusions 

User’s indemnity obligations as set forth in this Section 10 will not extend to any claim, suit, or proceeding for which (a) CIRUS fails to promptly notify User of the claim, (b)the CIRUS fails to promptly give User sole control over the defense and settlement of the claim, provided that User may not agree without the CIRUS’s consent (not to be unreasonably withheld) to any settlement that imposes any obligations upon or admits any wrongdoing on the part of CIRUS, or (c) the CIRUS fails to promptly provide User reasonable cooperation in such defense or settlement.

1. Limitation of Liability

1. No Consequential Damages. 

NEITHER CIRUS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, SHALL BE LIABLE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE), FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE TERMS.

1. Dollar Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CIRUS’S TOTAL LIABILITY FOR ANY MATTERS ARISING OUT OF OR RELATED TO THE TERMS REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS.

1. Exclusions

NO LIMITATION OF LIABILITY IN THETERMS, WHETHER THROUGH THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, A CAP ON THE AMOUNT OF DAMAGES, OR OTHERWISE APPLIES TO EITHER PARTY’S LIABILITY FORM IS APPROPRIATION OF INTELLECTUAL PROPERTY, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, DEATH, OR PERSONAL INJURY.

1. Application

THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION 10 APPLY EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION 10, THE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER SUCH LAW.

1. Government Law: Venue and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIM BETWEEN YOU AND CIRUS IS RESOLVED.

1. Governing Law and Venue. 

THE TERMS SHALL BE GOVERNED BY THE LAWS OF THE COOK ISLANDS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE PROPER VENUE FOR ANY DISPUTES ARISING OUT OF OR RELATING TO ANY OF THE SAME WILL BE THE COURTS LOCATED IN THE COOK ISLANDS.

1. Mandatory Arbitration of Disputes

1. Arbitration Venue and Terms

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to disputes@cirusfoundation.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and The Company agree that the London Court of International Arbitration (LCIA) governs the interpretation and enforcement of these Terms, and that you and The Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

1. Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by London Court of International Arbitration (LCIA) then in effect, except as modified by these Terms. The LCIA Rules are available at https://www.lcia.org/. Any party wishing to commence arbitration shall deliver to the Registrar of the LCIA Court a written request for arbitration outlined in the LCIA Arbitration Rules.

1. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

1. Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the LCIA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under Applicable Law.

1. Injunctive and Declaratory Relief

The arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND CIRUS AGREE THAT EACH OF USMAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CIRUS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF ANDONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE TERMS, YOU AND CIRUS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. Copyright Infringement Complaint Procedures

If you believe that any content on the Platform or in the Services violates your copyright or another party’s rights, please notify CIRUS’s copyright agent by email at copyright@cirusfoundation.com Your email must include the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address;(c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” CIRUS will respond to all such notices, including as required by removing the infringing material or disabling links to infringing material. CIRUS will terminate a User’s access to and use of the Platform if, under appropriate circumstances, the user is determined to be an infringer of the copyrights or other intellectual property rights of CIRUS or others.

1. General Provisions

1. International Users

At this time, the Platform and Services may only be accessed and used by residents/persons that are NOT on the Restricted List.

1. Changes to the Service

CIRUS continually strives to improve its products and services and reserves the right to improve or modify the Services and its features in any manner and at any time, including during the Term, at its sole discretion, provided however that such modifications will not materially reduce the functionality of the Services to User.

1. Waiver

A party’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default.

1. Interpretation

Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall begiven effect to the greatest extent possible and the remaining parts will remain in full force and effect.

1. Assignment

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without CIRUS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. CIRUS may freely assign the Terms.

1. Notices and Contact Information

Each party will send notices made pursuant to the Terms inwriting by postal delivery or a reputable international courier service, in either case with all postage and delivery fees pre-paid and a delivery confirmation required, to the address provided for such party on an applicable Plan Purchase Terms, or to such updated address as the party provides by notice in accordance with this Section. Notice will be deemed given when actually received by the other party, or when delivery is refused. User questions or communications regarding CIRUS, the Service, or the Terms can be sent to support@cirusfoundation.com but will not serve as notice under the Terms.

1. Relationship Between the Parties. 

Nothing in the Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other.

1. Force Majeure

To the extent caused by hurricane, earthquake, other natural disaster or act of God, terrorism, war, labor unrest, epidemic, pandemic, general failure of the Internet or of communications systems, or other forces beyond the performing party’s reasonable control(collectively, “Force Majeure”), no delay, failure, or default, other than User’s failure to make payments when due, will constitute a breach of the Terms. The time for performance shall be extended for a period equal to the duration of the Force Majeure event. The performing party shall use reasonable efforts to minimize the delays, to notify the other party promptly, and to inform the other party of its plans to resume performance.

1. Injunctions

Each party agrees that breach of the Terms would cause the injured irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, the injured party will be entitled to injunctive relief against such breach or threatened breach, without the necessity of proving actual damages or posting a bond or other security. This Section shall not be taken to limit either party’s right to injunctive relief related to breach of a section of the Terms not listed in this Section.

1. Entire Terms

The Terms, together with any other documents expressly incorporated by reference, constitutes the entire and exclusive understanding and Terms between User and CIRUS regarding User’s use of and access to the Service and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof.

1. Contact

If you have any questions or concerns regarding the above terms and conditions, please contact us at support@cirusfoundation.com with your query. We will do our best to address and resolve your concerns.

1. Restricted List 

CIRUS maintains a "Restricted List" which identifies persons, jurisdictions, residents, and citizens that are prohibited from using CIRUS Services. This list is an essential part of our Terms of Services and is designed to ensure that CIRUS operates within legal and ethical boundaries.

1. Obligations of Restricted Users

Individuals, residents, or citizens identified on the Restricted List are required to cease all attempts to access or use CIRUS Services immediately.

Any accounts found to be associated with restricted persons or jurisdictions will be subject to immediate suspension or termination, and any ongoing transactions may be halted.

1. Updates to the Restricted List

The Restricted List is subject to change in our sole discretion. CIRUS reserves the right to amend the list and enforce restrictions without prior notice.

Users are responsible for regularly reviewing the Terms of Services to remain informed about the current status of the Restricted List and any implications for their eligibility to use CIRUS Services.

1. Current Restricted List

1. Any Person or Entity on the following Sanctions Lists:

1. United Nations Sanctions List;
2. EU Sanctions List;
3. US OFAC Sanctions List;
4. UK Sanctions List
5. Financial Action Task Force (FATF) Sanctions List;
6. Her Majesty's Treasury (HMT) Sanctions List.

1. Any Person or Entity Residing in the following Jurisdictions:

1. United States of America;
2. Any country in the European Union.
3. Iran;
4. North Korea;
5. Suba;
6. Syria;
7. Sudan;
8. Zimbabwe;
9. Venezuela.

1. Any Citizen of the following Jurisdictions:

1. United States of America;
2. Iran;
3. North Korea;
4. Suba;
5. Syria;
6. Sudan;
7. Zimbabwe;
8. Venezuela.

1. Any citizen or resident whose citizenship or residency laws necessitate CIRUS to acquire regulatory approval for the provision of its services is required to note that access to and use of CIRUS services will be a violation of our Terms and you are to terminate all use and access of all CIRUS services.

1. Should any individual become a citizen or resident of a jurisdiction mentioned in Section 14 after having used CIRUS's services, they must immediately stop using all services provided by CIRUS.

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