SUBSCRIPTION AGREEMENT

Last updated: 22 July 2023

This Subscription Agreement (this “Agreement”) is among you and IFC Markets F.Z.E., a Company duly organized and existing under the laws of Ajman Free Zone, the United Arab Emirates, with company license number 22994, whose registered address is at SM Office G1 236 C, Ajman Free Zone, United Arab Emirates. IFC Markets F.Z.E. operates a web-based service under the trade name “BucksBus”, enabling the receipt and acceptance by a merchant of payments in certain crypto currencies. BucksBus is a software provider for crypto payments that allows merchants to accept crypto payments directly to their wallets and such service is available on its proprietary website https://www.bucksbus.com/ and our other proprietary domains of a lower level (the “Services”).
Unless otherwise stated herein, references to IFC Markets F.Z.E., “we”, “us” or “our” in this Agreement will refer collectively to IFC Markets F.Z.E., their respective direct and indirect subsidiaries and affiliates. In this Agreement, “you,” “your” or “Subscriber” means any person or entity using the BucksBus website (as defined below) or our Services for the receipt of crypto payments, and the person with whom IFC Markets F.Z.E. enters into this Agreement. All of the professional terms related to crypto currency services business and practices, shall be used herein in the meanings generally accepted in the industry from time to time.
This Agreement governs your use of the Services. By using any of the Services or signing up to use an account through BucksBus.com (the “Website”) or by accessing or using any of our associated websites, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement and the Terms of Service, as well as all of the terms and conditions of our Privacy Policy which are hereby incorporated by reference and form part of this Agreement. You should read this Agreement and the Terms of Service and the Privacy Policy carefully and in their entirety. This Agreement shall take effect on the earliest date and time at which you use any of the Services or the Website.
The Terms of Service and the Privacy Policy are subject to change from time to time and at our discretion, and you should take due care to monitor the appropriate notices on our Website which we will duly post.
If you do not agree to be bound by the terms and conditions of this Agreement or the Terms of Service and the Privacy Policy, you must not use or access the Website or the Services. Any use of or access to the Website or our Services means you consent to and agree to the terms and conditions of this Agreement and the Terms of Service and the Privacy Policy. If you do not read and accept this Agreement and our Terms of Service and Privacy Policy in their entirety, you should not use or continue using the Website or our Services.
No partnership, joint venture, employee-employer, joint associates for profit, agency or franchiser/franchisee relationship is intended or created by this Agreement. We do not endorse or recommend any particular crypto currency. You acknowledge and agree that: (a) we are not acting as your bank, broker, intermediary, agent, or advisor or in any fiduciary capacity and nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, any fiduciary or advisory relationship between you and us to exist; and (b) no communication or information provided to you by us including, without limitation, content on the Website shall be considered or construed as transaction, investment, tax, or any other form of advice. Independent advice should be sought where applicable and appropriate. You acknowledge and agree that the decision to use our Services is made solely by you and we bear no responsibility or liability for the outcome of your decisions.
You accept and understand that this Agreement may be modified or updated by us from time to time in our sole discretion. We will provide you with notice of such changes by posting the revised agreement on the Website and/or providing a copy to you. The amended Agreement will be deemed effective immediately upon posting on the Website. Your continued use of the Website and/or our Services constitutes your agreement to be bound by the revised agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services forthwith and close your account.
If you have questions about this Agreement or our Services, please also consult the FAQ section of the Website or contact us at [email protected].

1. Eligibility

You represent and warrant that you: (a) have full power, capacity and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (b) will not use our Services if any applicable laws prohibit you from doing so. In order to use the Website and our Services, you must subscribe to our Services on the Website and accept the terms of this Agreement and our Terms of Service and the Privacy Policy. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the Services.

2. Our Services

Our Services will allow you to accept payments in crypto currency directly to your wallet.
You will have a non-custodial crypto wallet, meaning that you’ll have full control over your private keys and funds. You will be responsible for securing your funds, since there is no third party holding the keys on your behalf. You can create an unlimited number of stores or organizations in your BucksBus account, with each having its own page and report.
You are the only owner of your seed-phrase, and in case of losing it the wallet will be impossible to restore.
Our Services are available only in connection with those crypto currencies that we support which may change from time to time. We assume no responsibility or liability in connection with any attempt to use your wallet for crypto currencies that we do not support.

3. Ownership and Control

• (a) Ownership. Title to the contents of your wallet shall at all times remain with you. As the owner, you bear all risk of loss and we have no responsibility or liability with respect to the value of the crypto currency in your wallet. We are under no obligation to issue any replacement crypto currency, digital assets or funds in the event that any crypto currency, digital assets, funds or password are lost, stolen, malfunctioning, destroyed or otherwise inaccessible.
• (b) Control. You control your wallet. At any time, subject to outages, downtime, and other applicable policies or the other terms of this Agreement, you may withdraw your funds by sending them to a different blockchain address controlled by you.

4. Internet Provider

We act as a service provider by creating, hosting, maintaining and providing our Services to you via the Internet. We do not guarantee continuous, uninterrupted or secure access to our Services or the Website and we make no representations or warranties regarding the amount of time needed which is dependent upon many factors outside of our control. Access to the Services may become degraded or unavailable during times of significant volatility or volume.

5. Underlying Protocols

We do not own, control, operate or maintain the underlying software protocols which govern the operation of the crypto currencies supported by us. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge, agree and accept the risk (i) that we are not responsible for the operation of the underlying protocols and any changes to such protocols and we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may, amongst other things, materially affect the value, function, name of the crypto currency and/or our ability to support certain crypto currencies and we are not liable for any loss of value you may experience as a result of such changes in operating rules.
You are solely responsible and liable for the activity that occurs in relation to your payments by protecting your password and restricting access to your account. You are required to keep your password secure. We will not be responsible or liable for any damages, liability or losses caused by any unauthorized use of your account.

6. No Warranty

The Services are provided on an “as is” and “as available” basis.
Each of us and our respective past, present and future employees, officers, directors, advisors, contractors, consultants, licensors, equity holders, members, partners, shareholders, suppliers, managers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns expressly disclaim, and you waive, all warranties, whether express, implied or statutory, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not warrant that our Services will meet your requirements; that the content on the Website is accurate, reliable or correct; that our Services will be available at any particular time or location, uninterrupted, error-free or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Use of the Website and our Services are at entirely your own risk and any content downloaded or otherwise obtained through the use of the Website or our Services is downloaded at your own risk.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of business revenues, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to: (a) the use of, or inability to use, the Website or our Services; (b) any information provided by us or available from the Website; (c) any conduct or content of any other Subscriber to our Services or a third party; or (d) the failure to receive in any way the transmission of any data, content, or crypto currency from you.
To the maximum extent permitted by applicable law, we shall not be responsible or liable for any: (a) errors, mistakes, omissions or inaccuracies of information or content provided by us or on the Website; (b) loss, liability, cost, expense or damage of any nature whatsoever suffered or incurred arising out of or in connection with your access to or use of the Website, any of its content or our products or Services; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) fault, delays, interruptions or lack of availability of the Website or any of our Services or products provided through the Website; (e) bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any Subscriber or any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website or our Services; and/or (g) action of other Subscribers, Subscriber content or the defamatory, offensive, or illegal conduct of any third party. To the maximum extent permitted by applicable law, in no event shall we be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount of fees paid by you to us for the applicable Services for the twelve (12) months preceding the date of any claim giving rise to such liability.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8. Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website and our Services, including, without limitation, any data, virtual currency or content transmitted or received by you; (b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights ( as defined below); (d) your violation of any applicable law, rule or regulation; (e) your Subscriber content or any content that is submitted via your account including, without limitation, misleading, false, or inaccurate information; (f) your fraudulent behavior, willful misconduct or gross negligence; or (g) any other party’s access and use of your account or our Services with your unique username, password or other appropriate security code. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it. In such case, you will share the costs of our expenses.

9. Fees

For using the Services, you will pay a monthly fee payable in advance upon subscribing to our Services. The details of the fee payment are contained in our Terms of Service available on our Website and constituting an integral part hereof, as amended and updated from time to time. Any changes are posted on the Website and are effective as of the date indicated in the posting, and will apply forthwith.

10. No Liability for Errors/Omissions

You accept and acknowledge that we are not liable or responsible for any errors or omissions that are made by you in connection with any payment initiated via the Services.

11. No Prohibited Activities

You agree not to engage in any of the following prohibited activities which may include, but not be limited to, the following: any activity which would violate, or assist in violation of, any law, legislation, statute, ordinance, regulation (including, but not limited to, those governing financial services, anti-money laundering, consumer protection, unfair competition, anti-discrimination, or false advertising) or Sanctions Program, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any illegal material or information; commit fraud; money laundering; terrorist activities; be in violation of any court order; or any other illegal activities.
You agree not to carry on any of following businesses or activities: (i) unlawful pornography and the unlawful creation, sale or distribution of other obscene materials (including literature, imagery and other media) and sexually-related sites offering services such as prostitution, escorts, pay per view and adult live chat features; (ii) unlawful gambling and/or unlawful gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering, lotteries, bidding fee auctions and office pools) with the exception of payments for online gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment; (iii) fraudulent businesses, sale of counterfeit or unauthorized or stolen items or the sale of goods or services that are illegally imported or exported; (iv) marijuana dispensaries and related businesses where it is illegal to carry on such businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; or toxic, flammable, and radioactive materials; (v) sale of narcotics or illegal substances, and any equipment designed for making or using such drugs; (vi) ponzi schemes, high risk investment schemes and other businesses that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and (vii) any businesses that we believe poses elevated financial risk, legal liability, or violates the law.

12. Due Care

You are responsible for maintaining the confidentiality of your Subscriber content and any of your nonpublic information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your Subscriber content, account or any other breach of security. We will not be responsible or liable for any loss or damages that you may incur as a result of someone else using your Subscriber content or account, either with or without your knowledge. You may not use anyone else’s Subscriber content or account at any time without the permission of such person or entity.

13. Compliance

You are responsible for maintaining proper compliance and identification procedures for your customers, if any, and duly performing any Know-Your-Client checks to ensure that you do not participate in any of the prohibited activities, money-laundering schemes of the financing of terrorism, and we will not be in any way involved in or liable for any actions or omissions committed by you in this regard.

14. Our Proprietary Rights

Except for your Subscriber content, the Website and all materials therein or transferred thereby, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Subscriber content belonging to other Subscribers, and all Intellectual Property Rights (defined below) related thereto, are our exclusive property. Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, modify, reverse engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

15. Privacy and Security

15.1. Privacy

We only request information that is necessary for the use of our Services or to comply with our obligations under applicable law.
You acknowledge and accept that we will comply willingly with all legal requests for information from us. We reserve the right to provide information to law enforcement agencies to answer inquiries, participate in investigations, respond to legal process, respond to the order of a court of competent jurisdiction and those exercising the court’s authority, and to protect us and our Subscribers.
You understand that by using our Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to your personally identifiable information being collected, used, transferred to and processed in jurisdictions where we carry on business. By agreeing to this Agreement, you expressly allow us to export data outside of the jurisdiction in which you reside or are located when you access our Services. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you may have provided in connection with this Agreement, or our Services. Accordingly, you represent and warrant that:

• your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data is accurate, up to date and relevant when disclosed;
• before providing any such personal data to us, you have read and understood our Privacy Policy which may be amended from time to time and is incorporated by reference and forms part of this Agreement and have provided a copy to any individual whose personal data you have provided to us;
• from time to time if we amend the Privacy Policy, you will promptly read it and provide a copy to any individual whose personal data you have provided to us.

15.2. Security

We take a number of security measures including storing all Subscribers’ personal information in an encrypted fashion. However, we cannot guarantee that unauthorized third parties will not defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information to us at your own risk.
We are not responsible or liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack from using the Website. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Our customer support will never seek to access your computer or ask for your password or your two factor authentication codes. Always log into your account through the official Website.

16. Closing, Suspension, and Termination

You may close your account at any time in accordance with our policies and procedures. Upon closure of your account, you authorize us to cancel or suspend any pending payments at the time of cancellation.
If we suspend or close your account or terminate your use of the Services for any reason, we reserve the right to require you to provide identity verification information and comply with identity verification procedures before permitting you to transfer or withdraw crypto currency.
We may, at any time and in our sole discretion and without liability to you, with or without notice, suspend, restrict, or terminate your access to any or all of the Services or to your account, including but not limited to, where:

• You are in breach of this Agreement or we have concerns or reasonably suspect you are acting in breach of this Agreement.
• We reasonably suspect you of using the Website or our Services in connection with a Prohibited Activity.
• You are in breach of applicable law, we have concerns or reasonably suspect you are in breach of applicable law or we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction.
• We suspect money laundering, terrorist financing, fraud, or any other financial crime.
• Use of your account is subject to any pending litigation, investigation, or government proceeding or you are subject to a court order.
• You have failed to pay our fees.
• You fail to provide us with information we request on a timely basis and/or we have concerns about the information collected about you.
• You take any action that may circumvent the security of the Website or our controls.
• In the event of any Force Majeure Event.
• Any other event that would make the provision of the Services commercially unreasonable for us.

If we suspend or close your account, or terminate your use of our Services, in whole or in part, for any reason, you acknowledge that our decision to take certain actions may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
You are solely responsible for your interactions with your customers. We shall have no responsibility or liability for your interactions with your customers, or for any other action or omission in that regard.

17. Assignment and Novation

This Agreement is personal to you and you cannot transfer, assign, novate or delegate your rights, interests, liabilities and/or obligations to anyone else. You irrevocably agree that we are entitled to and may, at any time, transfer, assign, novate or delegate any or all of our rights, title, licenses, interests, benefits, assets (including wallets), liabilities and/or our obligations under this Agreement and/or under any other agreement, document, and/or assurance in connection therewith and/or in connection with your account(s) and/or any services available thereunder, in whole or in part, to any party, including, without limitation, as part of a merger, asset transfer, acquisition or other corporate reorganization involving us, without obtaining your consent, permission or approval and in any way we consider appropriate. You hereby irrevocably agree to any such transfer, assignment, novation or delegation of this Agreement and any other agreement, document, and assurance in connection therewith or with your account(s) with us and/or any services available thereunder or securing your obligations thereunder and you also irrevocably agree to enter into all necessary documentation to give effect to any such transfer, assignment, novation and/or delegation.

18. Force Majeure

We shall not be liable for any breach of the Agreement, including delays, failure in performance or interruption of service, or any loss or damage arising directly or indirectly from any event or circumstances beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, pandemic, or equipment or software malfunction, changes in the law or any other cause beyond our reasonable control (each, a "Force Majeure Event").

19. Entire Agreement

This Agreement (including the Terms of Service and the Privacy Policy and any other documents incorporated by reference herein) comprises the entire agreement between you and us as to the subject matter hereof, and it 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 and among you and us. This Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors, assigns, heirs, executors, administrators and legal representatives.

20. Interpretation

Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

21. Invalidity

Any provision of this Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such case, the parties to this Agreement shall in good faith modify or substitute such provision consistent with the original intent of the parties.

22. No Waiver

Our failure to enforce any threatened or existing violation, default or breach of this Agreement shall not be deemed a waiver of such a violation, default or breach, and we shall have the right to enforce the same at a later time and the right to waive in writing any provision or condition imposed herein for its benefit without thereby waiving any other provision or condition.

23. Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, account cancellation, general use of the Website, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement or your account.

24. Electronic Communications

You agree that this Agreement constitutes “a writing signed by you” under any applicable law or regulation. This Agreement, any amendments and any other agreements, notices or other communications regarding your account and/or your use of our Services (collectively, the “Communications”) may be provided to you electronically and you agree to receive all Communications from us in electronic form. Electronic Communications may be posted on the pages of the Website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than two (2) business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right but assume no obligation to provide Communications in paper format.
It is your responsibility to keep your email address and street address on file with us up to date so that we can communicate with you electronically. You understand and agree that if we send you a Communication but you do not receive it because your email address on file is incorrect or out of date, our ability to contact you at the email address is blocked by your service provider, or you are otherwise unable to receive a Communication, we will be deemed to have provided the Communication to you whether or not you actually received the Communication. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you.

25. Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct using our Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities, and we will not be responsible or liable for any of your actions or omissions in this regard.

26. Applicable Law

This Agreement shall be governed in all respects, including as to validity, interpretation and effect, by the laws and regulations of the Ajman Free Zone, the United Arab Emirates.

27. Dispute Resolution

For any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute with us amicably and informally. Failing that, any and all disputes arising out of or in connection with this Agreement and/or our Services, or its validity, effect and termination, shall be resolved under the laws of Ajman Free Zone, the United Arab Emirates, by a court of law of competent jurisdiction.

28. Change of Control

In the event that we are acquired by or consolidated, amalgamated or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, consolidation, amalgamation, acquisition, sale, or other change of control.