About this Page
From now, we shall refer to the Terms of Use as “Terms/terms”. These terms will explain to you the manner in which you can use our Platform including the Website (https://pesabooks.com/) and the Web App (https://app.pesabooks.com/). You may use the Platform from any device including but not limited to your computer, mobile phone device (iOS or Android), laptop, or any other device and these terms shall control your use of the Platform.
Legal Contract
All of these terms shall together form a legally binding contract between you and us. Whenever you will access or use our Platform for any purpose, these terms shall become applicable to you.
Please note that third parties, such as Web3Auth, Ramp, and Safe, have their own Terms of Service/Use (or equivalent thereof) and Privacy Policies associated with their products/services. Prior to accessing or using such third party products/services in connection with our Platform, you are responsible for reviewing, agreeing and complying to their respective Terms of Service/Use (or equivalent thereof) and Privacy Policies
For Web3auth’s Global Terms of Service and Privacy Policy, go to here and here, respectively, or visit their website here.
For Safe’s Global Terms of Service and Privacy Policy, go to here and here, respectively, or visit their website here.
For Ramp’s Global Terms of Service and Privacy Policy, go to here and here, respectively, or visit their website here.
BY CLICKING TO ACCEPT AND/OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF, HOWEVER, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT ACCESS OR USE ANY OF THE PLATFORM.
Meaning of You and We
You/you mean the user (registered user or unregistered user) using the Platform. A registered user is someone who has a registered account on the Platform. An unregistered user is someone (guest) who does not have a registered account on the Platform and is someone who has visited the Platform, whether as a first-time visitor or frequent visitor, to know more about our Platform. In these terms, the word “you” may also be referred to as “your”, “yours”, or “yourself”. The word “we” means Fink Solutions Inc., a Corporation incorporated in the Province of Quebec, Canada doing business as “Pesabooks” through the Platform. In these terms, the word “we” may also be referred to as “us” or “our”. We and You shall be collectively referred to as "Parties" and individually as “Party”.
Authorized Individual or Signatory
You can only sign-up for and use the platform if you are at least 18 years old.
If you are using the Platform on behalf of a company, you agree to us that you are authorized by such company to use the Platform on its behalf and you are accepting the applicability of these terms on its behalf and binding that company.
Legal Compliance
We are a legally registered entity in our jurisdiction. But if you are using the Platform from a jurisdiction or country where the use of the Platform would be a violation of law or which would require us to comply with applicable laws of such jurisdiction then you shall not use the Platform or stop using the Platform. However, if you keep using the Platform from such jurisdiction then you are doing such activity at your own risk and are personally liable for any consequences arising out of such an activity.
We are not a registered broker-dealer, funding portal, investment manager, investment advisor, or any other type of investment company. We do not conduct any activity that would require registration as such. We do not provide investment advice, neither do we perform any broker-dealer activities. We are not engaged in investment management. We do not provide legal, tax, or professional advice.
DUE TO THE NATURE OF A MANAGER’S ACTIVITIES ON THE PLATFORM, IT IS POSSIBLE THAT MANAGERS WILL NEED TO COMPLY WITH THE APPLICABLE LAWS INCLUDING SECURITIES LAWS. IT IS THE OBLIGATION OF THE MANAGER TO MAKE THIS DETERMINATION ON ITS OWN AND TAKE APPROPRIATE ACTIONS TO COMPLY WITH THE APPLICABLE LAWS INCLUDING SECURITIES LAWS IF AND AS NECESSARY.
THE CREATION OF A POOL OF CRYPTOCURRENCY ASSETS MAY SUBJECT THE MANAGER AND THE POOL TO THE REGISTRATION REQUIREMENTS UNDER THE APPLICABLE LAWS INCLUDING SECURITIES LAWS. IT IS THE OBLIGATION OF THE MANAGER TO MAKE THIS DETERMINATION ON ITS OWN AND TAKE APPROPRIATE ACTIONS TO COMPLY WITH THE APPLICABLE LAWS INCLUDING SECURITIES LAWS IF AND AS NECESSARY.
Site
The Platform is built on Gnosis Safe and is a non-custodial crypto wallet allowing teams to store their treasury, invite teammates, and securely make transactions. The Platform does not have access to users' funds. The Platform offers its users a non-custodial embedded key in partnership with Web3Auth to sign transactions (“Transactions”) conveniently and securely with a private key (“Private Key”) that they can import to another wallet. The Platform also allows users to connect their Metamask wallet to their accounts to sign transactions. The Platform is unable to access users’ crypto assets.
Through the Platform, users can also access and view the balance of their assets. The Fiat value of user’s assets as displayed through the Platform is only an estimate depending on relevant exchange rates of Fiat Currency and the valuation of crypto and digital assets which are constantly changing. We do not warrant nor does it make any representations as to the accuracy of the Fiat value displayed through the Platform. For the avoidance of any doubt, “Fiat Currency” means any currency issued by a Central Bank of sovereign countries, such as the US Dollar, Euro, etc.
We provide you access to a decentralized finance application (“Application”) on one or more blockchains that allows individuals to pool assets (“Cryptocurrency Assets”) and transact using smart contracts (“Smart Contracts”). These pooled Cryptocurrency Assets are created and managed by specific Users (“Managers”).
Using our protocol may require that you pay a fee, such as gas charges on the blockchain network, to perform a transaction. You acknowledge and agree that we have no control over any transactions among users over our protocol, the method of payment of any such transactions or any actual payments of such transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address (“Cryptocurrency Wallet”) to complete any such transaction on our protocol or the blockchain network before initiating such transaction.
Beta Services
Certain features on the Platform may be offered while still in “beta” form (“Beta Services”). By accepting these terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
Platform Details
We make every effort to display as accurately as possible the features, specifications, and details on the Platform. However, we do not guarantee that the features, specifications, and details of the Platform will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual details of the Platform. We reserve the right to discontinue the Platform at any time for any reason.
Registration
If you wish to access or use our Platform, you are expected to create an account on the Platform. However, you may still browse through the Platform to know about us and our Platform as a guest.
Account Information
For creating an account on the Platform, you need to provide us with an Email Address. You will also be asked to create a user id (which is the email itself) and password to access your account for login purposes. We request you to provide true and accurate information while creating an account and also create a decent (not obscene) user id. You cannot modify your email address once you sign up. You are not provided with an option to delete your account on the Platform.
Account Management
You must keep your user id and password confidential at all times. While creating an account, if you provide us with false information or create an obscene user id, we may terminate your account on the Platform or take any other necessary action. The creation of multiple or duplicate accounts on the Platform is strictly prohibited. We may contact you, if required on an occasional basis, for your account-related activities.
Usage
You should use the Platform only for legitimate and lawful purposes. You should not do any unlawful activities on the Platform that may damage the Platform including but not limited to (i) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect its functionality or operation; (ii) collecting or tracking the personal information of other users or unlawfully gathering information about other users; (iii) interfering with or destroying the security features of the Platform through any unauthorized access. We reserve the right to terminate, delete or suspend your account for violation of terms or any unlawful activity on the Platform.
Modification of Terms
We may modify these terms from time to time and at any time. When we publish the revised terms on the Platform, the revised terms will replace the prior version of these terms. The revised terms will be applicable to you from the time they are published on the Platform. The terms may be revised partly or as a whole. If the terms are revised partly, the newly revised terms and the remaining old version will entirely constitute the revised terms.
Notification of Modification
You may be notified through email after the terms have been modified. You may also see an updated and effective date at the top section of this page and above the terms. If you continue your use of the Platform after the modification of these terms, it shall be considered as a continued acceptance of these terms.
Marketing
We may send you marketing emails about new features implemented on the Platform. You will be provided with an option to opt out of receiving such marketing communications. For instance, for email marketing, you may click on the unsubscribe button specified generally at the footer of the email to opt out of receiving such email marketing messages.
Typographical Errors
We may make typographical errors or inaccuracies or omissions on the Platform. When such mistakes come to our notice or are brought to our notice by you, we correct such mistakes immediately. We may do so without any notice to you.
Intellectual Property Rights
The "Pesabooks" name and logo, our Corporation name “Fink solutions Inc.”, our domain names “pesabooks.com” and all related brand names, domain names, sub-domain names, trade names, service names, marks, slogans, tags, taglines, website names, mobile app names, web app names, trademarks, etc. (collectively, the "Marks") on the Platform are our (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) exclusive property and are protected by the intellectual property laws including international intellectual property laws. Our Marks shall not be used in connection with anything that is not ours in any manner and that is likely to cause confusion among our users, or in any manner that disparages or discredits us. All materials, including images, text, asset names, appearance, layout, color scheme, brochures, posters, banners, illustrations, images, pictures, icons, designs, graphics, page headers, button icons, scripts, photographs, programs, music clips, processes, technology, content, software, downloads, video clips, and the compilation (meaning the collection, arrangement, and assembly) of the content and other materials including the Platform itself, etc. (collectively, the "Contents ") are our (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) exclusive property and are protected by the intellectual property laws including international intellectual property laws.
Consequently, the Marks or the Contents on this Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your limited, personal, non-commercial use only. No right, title, or interest including intellectual property rights in any Contents or Marks is transferred to you as a result of such personal, non-commercial use. We (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) expressly and exclusively reserve all the rights, titles, and interests, including intellectual property rights in all Contents and Marks. We grant you a limited, revocable, non-transferable, and non-exclusive license to access or use the Marks or the Contents for limited, personal, and non-commercial use only
Platform Interruptions
Your use of the Platform may not be uninterrupted, timely, secure, or error-free. The Platform may face interruptions due to any scheduled or unscheduled maintenance, overload due to traffic, or emergency service. Such interruptions may occur at any time. We shall not be liable in any manner for any loss or damage suffered by you due to such interruptions.
Liability
To the maximum extent permitted by applicable law, in no event shall we (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) be liable to you or any third party for any special, exemplary, incidental, special, or punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform.
Certain jurisdictions do not allow the exclusion or limitation of liability including limitation of liability for consequential or incidental damages. If the laws of such jurisdictions apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. However, in the jurisdictions wherein such exclusions or limitations are permitted then the exclusions or limitations shall apply to the fullest extent permitted by law.
Indemnity
You shall defend, indemnify, and hold us (including our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) harmless from and against any costs, losses, damages, liabilities, expenses, claims, demands, and judgments, including court costs and attorney fees arising out of or resulting from the (i) access or use of the Platform by you; (ii) actions, inactions, omissions, breach, falsity, or violation by you; (iii) inaccuracy in any representation, warranty, obligation, or covenant made by you; (iv) violation of any right of a third party under these terms for which you would be liable in law or equity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Relationship
No agency, partnership, or joint venture has been created between you and us as a result of these terms. Neither you nor we have any authority to bind each other to any third party.
Invalid Terms
If any provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, then such provision shall either be modified to reflect the Party's intention or wholly deleted and the other provisions of these terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the Parties, in which case the entirety of the relevant provision will be deemed to be deleted).
Termination
These terms shall remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform at any time for any reason at our sole discretion, including for any use of the Platform in violation of these terms. Upon termination of your rights under these terms, your right to access and use the Platform shall terminate immediately.
You understand that any termination of your rights may involve the removal of your data or information from our databases. We will not have any liability whatsoever to you for any termination of your rights under these terms, including for deleting your account or blacklisting any network address you provide to us.
We specifically reserve the right to terminate or suspend your account on the Platform permanently or block your access (including blocking certain Ip addresses), if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or of a third party, failing to comply with applicable laws or other legal obligations, and/or breach of any representation, warranty, or covenant.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, or a fake name. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If you are a registered user of the Platform then you may also terminate the access or use of the Platform by not accessing or using the Platform. Please keep in mind that any of your outstanding liabilities or obligations will survive, as the case may be, even after the termination of your account.
Survival of Term
At the termination of these terms, any provisions that would be expected to survive termination by their nature including but not limited to the Platform Use, Liability, the Indemnity, etc. as specified by us in writing, shall remain in full force and effect.
Privacy
You acknowledge and agree to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy posted on the Platform.
Waiver
No waiver provided by us for any of your defaults shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of these terms. All the waivers provided by us shall be valid only if provided in writing.
Headings
The numbering and headings are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of these terms, nor shall such headings otherwise be given any legal effect.
Singular and Plural
Wherever a singular expression is used in these terms, the same shall be construed as meaning the plural if the context requires it, unless otherwise specifically stated.
Electronic Communications, Transactions, and Signatures
Visiting or using the Platform, and contacting us through emails constitutes electronic communications. You agree to receive electronic communications including any agreements, notices, disclosures, and other communications and such communications shall be considered to satisfy the legal requirement of written communication. Up to the maximum extent permitted by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of physical records or non-electronic records or records in paper form. You agree that the communications sent to you by us shall not be construed as spam or bulk communications under any law prevailing in any country where such communication is received.
Governing Law
These terms shall be governed, construed, enforced, and interpreted exclusively in accordance with the laws of the Province of Quebec, and the federal laws of Canada applicable in the Province of Quebec, excluding its conflict of laws rules and all private international laws.
Dispute Resolution
If in case, any controversy, conflict, dispute, claim, issue, question, disagreement, and difference of any nature or breach thereof [“Dispute(s)”] arises between the Parties, out of or in connection or in relation to these terms, the Parties shall use their best efforts to settle the Dispute(s) through informal negotiation before resorting to litigation. To this effect, the Parties shall consult and negotiate with each other in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. The Parties may conduct negotiation proceedings through in-person meetings or virtually through the means of Zoom, Google Meet, or any other online video conferencing platform. If the Parties do not reach such a solution within a period of 60 days, the Parties shall settle the Dispute(s) through litigation.
Any Dispute(s) of any nature between you and us, arising out of or in connection to or in relation to these terms, including (but not limited to) any question regarding its existence, validity, interpretation, breach, termination, performance, discharge, and applicable remedies shall be subject to the exclusive jurisdiction of the Courts located in the Province of Quebec, Canada having jurisdiction to entertain, decide, settle, or resolve the Dispute(s). You further agree that despite the Platform being accessible from a variety of jurisdictions, the Platform shall be deemed solely based in the Province of Quebec, Canada and that the Platform shall be deemed to be passive in nature and not give rise to personal jurisdiction over us in jurisdictions other than the Province of Quebec, Canada. Nothing herein precludes our application for injunctive remedies or other urgent legal relief in any other jurisdiction.
Entirety
Except as they may be supplemented by our additional terms, policies, guidelines, standards, or terms for a specific service or offering, these terms along with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and us, regarding the use of the Platform, and these terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the use of the Platform. You agree that these terms shall not be construed against us by virtue of having drafted them.