This is a legal agreement ("Agreement") between You and Avolo BV ("Avolo"), a Belgian Corporation, for use of the Service provided through this website and affiliated applications ("Creddie.me"). The Service enables a User to send, spend and suggest a "Creddie" that represents a monetary value.
By signing up, you warrant that you are a physical person who is 18 years or older and agree with these Terms of Use. You also warrant that any data you provide in association to your Account is honest and up to date. It is your responsibility to protect your Account, e.g., by choosing a strong password and keeping it confidential. You are responsible for safeguarding your password and protecting the device(s) you use to access and use the Service against malicious code such as viruses and the like. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
You acknowledge that if you request to terminate your Account, all the data associated with your Account such as your username and your profile information will be deleted. When terminating your Account, it is your responsibility to ensure there are no Creddies left in your Account you wish to spend.
We may suspend or terminate an Account without prior notice if we reasonably suspect there has been a violation of the Terms of Use, or if we are required to do so by any competent agency, supervisor, court or any third party with a legitimate interest.
As part of the Service, we provide the technically necessary facilities to upload profile images, create wishlists, share notes, etc. This Content is produced by third parties such as the Users and is the sole responsibility of the person who submitted it. We do not take responsibility for any Content that others provide through the Service, nor do we claim any ownership of the Content you submit. You also acknolwedge that submitted Content may be limited in size or resolution (e.g., images). You guarantee that you have, for each piece of content you provide, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and make available online and for download.
By using the Service you acknowledge and agree that we are not responsible for any failure of the Service to store, transfer or delete Content or for the corruption or loss of any data or information related to Content. As a condition to make use of the Service you agree not to transfer Content that, for example:
We treat the Content of our Users as confidential. However, we reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect our rights, property or safety, or that of our users and the public.
Some Content is transferred through Cloudinary Ltd where it is stored during its lifetime and it may be distributed via a content delivery network (CDN) for fast delivery. We take reasonable steps to protect this Content from unauthorized access. However, we cannot be held liable if a third party procures unauthorized access to the Content.
The Service uses email notifications to inform Users about certain events. You acknowledge to receive these notifications when using the Service.
A Creddie represents a USDC value ("the Amount") chosen by the User who sends it and this amount or part of it can be withdrawn by the user ("the Spend"). This amount, augmented with a "maximum fee", is deposited and stored on the Solana blockchain via a program ("the Program", also referred to as a "smart contract") in a temporary account owned by the sender of the Creddie. This "maximum fee" is 3% of the sent value ("the amount") and represents a maximum cost. The sender will only be charged an "actual fee" of 3% of the value that is spent by the receiver ("the spend") or a fixed cancellation fee of 0.80 USDC, whichever is higher. That is, when the Creddie is consumed (spent, cancelled, declined, expired, ...) and the actual fee is known, the difference between the maximum fee and the actual fee is automatically refunded to the sender via the Program on the blockchain. The cancellation fee is also charged when the Creddie is declined by the receiver or when it expires (i.e., it was not spent, cancelled or declined within 10 days). All transaction costs on the Solana blockchain are covered by the Service.
You acknowledge that we DO NOT ACCEPT REQUESTS FOR CANCELLATION OR REFUNDS of spent Creddies. The Service allows a User to cancel a Creddie if the receiver has not spent it yet, however, you understand and acknowledge that cancellation may not always be possible, for example when the Service is temporarily offline for maintenance or unreachable.
You understand and agree that the Service is provided "as is" and that We expressly disclaim all warranties of any kind, express or implied. We make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any User's requirements.
In no event will we be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence), contract or any other legal theory, even if we have been advised of the possibility of such damages.
We process your personal data in accordance with applicable laws and regard your privacy as highly valuable. By using the Service you acknowledge and agree that your personal data and your Content will be treated and processed as described in our Privacy Policy).
We expressly reserve the right to change these Terms from time to time without prior notice. You acknowledge and agree that it is your responsibility to review this site and these Terms periodically and to familiarize yourself with any modifications. Your continued use of our Service after such modifications will constitute acknowledgement of the modified Terms and agreement to abide by and be bound by the modified Terms.
We may at our sole discretion modify the features of the Service from time to time without prior notice. Any software that we provide you may automatically download and install upgrades, updates, or other new features.
You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of any software associated with the Service.
Failure by us to exercise any of our rights under, or to enforce any provision of these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms are held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms will remain in full force and effect.
This Agreement shall be governed by and construed under the laws of Belgium. The courts of Brussels, Belgium, shall have exclusive jurisdiction.