Terms & Conditions

Thank you for choosing DeCash.com (the "Site"). The following terms and conditions of service (these "Terms of Service") apply to users of the Site. By using any of the services, functions, or features offered on the Site (collectively, the "Services"), the user ("you" or "your") agrees to these Terms of Service, each of you and DCIC S.A., Panama being a "Party" and collectively, the "Parties".

These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site, between you and DCIC S.A., Panama ("DeCash"). In the event of any inconsistency between these Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Site, these Terms of Service shall prevail.

These Terms of Service may be amended, changed, or updated by DeCash at any time and without prior notice to you. Your continued use of any Services after the effective date of any amendments constitutes your acceptance of the Terms of Service as modified.

1. Interpretation

A. Definitions

In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:

• "Affiliate" means any direct or indirect subsidiary of a Party, a holding company of the Party, and any other subsidiary of that holding company.
• "AML" means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts to conceal or disguise the identity or origin of illicit proceeds.
• "Anti-Corruption" means all Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery.
• "Associates" means DCIC S.A. and each of their respective shareholders, directors, officers, Affiliates, employees, contractors, agents, partners, insurers, and attorneys acting for the benefit of or on behalf of the Site.
• "Controlling Person" means any Person who owns more than a 25 percent interest in any Person or affiliate.
• "Copyrights" has the meaning set out in paragraph 10 of these Terms of Service.
• "CPR Rules" has the meaning set out in paragraph 6 of these Terms of Service.
• "CRS" means the common reporting standard or the Standard for Automatic Exchange of Financial Account Information.
• "CTF" means counter-terrorist financing.
• "Digital Tokens" means a digital representation of value that functions as a medium of exchange, unit of account, store of value, and/or other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction.
• "Digital Tokens Address" means an alphanumeric identifier that represents a potential destination for a Digital Tokens transfer.
• "Digital Tokens Wallet" means a software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens.
• "Economic Sanctions" means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any applicable Laws.
• "FATF" means the Financial Action Task Force.
• "FIA" means the Financial Investigation Authority of the Government of the Panama.
• "Fiat" means the money or currency of any country or jurisdiction that is: (1) designated as legal tender; and (2) circulated, customarily used, and accepted as a medium of exchange in the country or jurisdiction of issuance.
• "Government" means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parastatal company, or state-owned (majority or greater) or controlled business enterprise.
• "Government Approval" means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under these Terms of Service.
• "Government Official" means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation.
• "Laws" means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site.
• "Losses" has the meaning set out in paragraph 12 of these Terms of Service.
• "Marks" has the meaning set out in paragraph 8 of these Terms of Service.
• "Member State" means any member state of the European Union ("EU") or any other state in Eastern and Western Europe, Asia, Africa, Australia, North and South America and Oceania.
• "Person" includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities.
• "Prohibited Jurisdictions" means Cuba; Democratic People's Republic of Korea (North Korea); Iran; Pakistan; Syria; the Government of Venezuela; and Crimea.
• "Prohibited Use" has the meaning set out in paragraph 7 of these Terms of Service.
• "Regulated Market" means a regulated market as defined in Directive 2004/39/EC of 21 April 2004 on markets in financial instruments, namely a market which appears on the list of regulated markets drawn up by each Member State, which functions regularly and is characterised by the fact that regulations issued or approved by the competent authorities define the conditions for the operation of the market, the conditions for access to the market, and the conditions that must be satisfied by a financial instrument before it can effectively be dealt in on the market, requiring compliance with all reporting and transparency requirements laid down by Directive 2004/39/EC; and any other market which is regulated, operates regularly and is recognised and open to the public in a Member State.
• "Reserves" means the Fiat value of any of the following deposited with an authorised custodian bank or stipulated with third parties from time to time: (A) transferable securities and money market instruments admitted to or dealt in on a Regulated Market; (B) transferable securities and money market instruments dealt in on another Regulated Market in a Member State which operates regularly and is recognised and open to the public; (C) transferable securities and money market instruments admitted to official listing on a stock exchange in a non-Member State or dealt in on another regulated market in a non-Member State which operates regularly and is recognised and open to the public, provided that the choice of stock exchange or market is located within any European, American, Asian, African, Australasian or Oceania country; (D) units of UCITS authorised according to Directive 2009/65/EC and/or other UCIs within the meaning of Article 1, paragraph (2) points a) and b) of Directive 2009/65/EC; (E) deposits with credit institutions which are repayable on demand or have the right to be withdrawn, and maturing in no more than twelve months, provided that the credit institution has its registered office in a Member State or, if situated in a non-Member State, is subject to prudential rules considered by FINMA as equivalent to those laid down in Community law; (F) financial derivative instruments, including equivalent cash-settled instruments, dealt in on a regulated market or over-the-counter; (G) precious metals or certificates representing them; (H) ancillary liquid assets; (I) receivables from loans made by DeCash to third parties, which may include affiliated entities.
• "Sanctions List" means the "Specially Designated Nationals and Blocked Persons" ("SDN") List, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA, or under Economic Sanctions, AML, or CTF Laws of or by Governments of the United States, the Government of the Panama, the United Nations, or any other applicable jurisdiction or Government, as amended, supplemented, or substituted from time to time.
• "Sanctioned Person" refers to any Person or Digital Tokens Address that is: (i) specifically listed in any Sanctions List; or (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate, or a Digital Tokens Wallet associated with such Person or Persons, referred to in any Sanctions List, or Government or Government Official of any Prohibited Jurisdiction; and (iii) that is not subject to any Government Approval or otherwise not sanctioned, restricted, or penalised under applicable Laws.
• "Terms of Service" means these terms and conditions of service, as they may be changed, amended, or updated from time to time.
• "DeCash" means DCIC S.A., a company incorporated under the laws of the Panama.
• "DeCash token" means the DeCash Digital Token issued and redeemed by DeCash.
• "you" or "your" means the user.

B. Headings

The headings and sub-headings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision to which they refer.

C. Extended Meanings

Unless otherwise specified, words importing the singular include the plural and vice versa, and words importing gender include all genders.

D. Governing Law

These Terms of Service shall be governed by and construed in accordance with the Laws of the Government of the Panama. Any dispute, controversy, claim or action arising from or related to your use of the Site or these Terms of Service shall be governed by the Laws of the Government of the Panama, exclusive of choice-of-law principles.

2. License to Use the Site

If you comply with these Terms of Service, DeCash grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Services, the Copyrights or the Marks.

The Site may suspend or terminate the Services to you at its sole discretion, as required by applicable Laws or where DeCash determines that you have violated, breached, or acted inconsistent with any of these Terms of Service.

3. About DeCash Tokens; General Restrictions

DeCash issues DeCash Tokens. The Reserve's objective is to back-up the Fiat equivalent value of the issued DeCash Token. However, there is no contractual obligation between DeCash and DeCash Token holders on the Fiat equivalent value of the Reserve nor on the assets in-kind of the Reserve. DeCash Token holders do not have any contractual right to claim the Fiat equivalent value of the Reserve. The composition, use and disposal of the Reserve is at the sole and absolute discretion of DeCash.

DeCash Tokens are denominated in a range of Fiat. DeCash Tokens are not Fiat themselves. DeCash will not issue DeCash Tokens for consideration consisting of Digital Tokens (for example, bitcoin); only money will be accepted upon issuance. In order to cause DeCash Tokens to be issued directly by DeCash, you must be a verified customer of DeCash.

DeCash reserves the right to delay or to cancel at its own discretion the redemption or withdrawal of DeCash Tokens. DeCash reserves the right to redeem DeCash Tokens by in-kind redemptions of securities and other assets held in the Reserves.

The following Persons are prohibited from depositing to, or withdrawing from, any Digital Tokens Wallet on the Site: Persons domiciled or ordinarily resident in certain nations, nationals of, or the Governments or Government Officials of Prohibited Jurisdictions.

4. Trading Markets and Your Responsibilities

Digital Tokens markets are volatile and shift quickly in terms of price, liquidity, market depth, and trading dynamics. Digital Tokens are also subject to cybersecurity risk. You are solely responsible and liable for any and all trading and non-trading activity on the Site and for your Digital Tokens Wallet on the Site, and for knowing the true status of your DeCash Tokens on the Site, even if presented incorrectly by the Site at any time.

You acknowledge and agree:

• To be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services.
• To be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including Digital Tokens Wallet, Digital Tokens Address, private keys, usernames, passwords, and bank account details.
• That DeCash does not have control of, or liability for, any products or services that are purchased or sold by third parties using the Site and any of the Services.

Digital Tokens in a given Digital Tokens Wallet may be stolen or lost and otherwise unrecoverable if the private key is compromised or lost. In the event that you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third-party seller or buyer, as applicable.

5. Resolution of Disputes

Any dispute, claim, controversy or action arising out of or related to (a) the Terms of Service or the existence, breach, termination, enforcement, interpretation or validity thereof, (b) your account(s), the operations and Services of the Site, or (c) your access to or use of the Services at any time, shall be subject to the exclusive jurisdiction of the courts of the Government of the Panama.

You and DeCash agree that any Party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

6. Jury Trial Waiver

To the fullest extent permitted by applicable law, the Parties hereby irrevocably and unconditionally waive all right to trial by jury in any legal action or proceeding of any kind whatsoever arising out of or relating to these Terms of Service or any breach thereof, any use or attempted use of the Site or the Service by you, and/or any other matter involving the Parties.

7. Prohibited Uses

You may not:

• Use the Site or any Services to disguise the origin or nature of illicit proceeds, or to transact or deal in any contraband Digital Tokens, Fiat, funds, property, or proceeds.
• Use the Site or any Services if any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to you.
• Use the Site or any Services, or any financial services of any U.S. Financial Institution, to facilitate, approve, evade, avoid, violate, attempt to violate, aid or abet the violation of, or circumvent any applicable Laws.
• Use the Site or any Services to evade taxes under the Laws of the Government of the Panama, the United States, or any other applicable jurisdiction.
• Use the Site or any Services with anything other than Fiat, funds, keys, property, or Digital Tokens that have been legally obtained by you and that belong to you.
• Use the Site or any Services to interfere with or subvert the rights or obligations of DeCash or any other Site user or any third party, or cause legal liability for DeCash or other Site users.
• Take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on the Site.
• Use the Site or any Services to engage in conduct that is detrimental to DeCash or to any other Site user or any other third party.
• Engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; enter orders or quotes in any Digital Token market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or enter orders or quotes in any Digital Token market with the intent of creating the false impression of market depth or market interest.
• Falsify any account, Digital Tokens Wallet, or Digital Tokens Address registration, exchange, or administration details provided to DeCash, impersonate another Person, or misrepresent your affiliation with a Person.
• Falsify or materially omit any information or provide misleading or inaccurate information requested by DeCash, including at registration or during the course of administering any Services to you.
• Cause injury to, or attempt to harm, DeCash or any third party through your access to the Site or any Services.
• Have more than one account and more than one Digital Tokens Wallet on the Site; any additional or "throwaway" Digital Tokens Wallets may be terminated or suspended at the absolute discretion of DeCash.
• Access the Site or use any Services utilizing any virtual private network, proxy service, or other tool with the effect of disguising your IP address or location, or access the Site from a Digital Tokens Address in or subject to a Prohibited Jurisdiction.
• Violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.

8. Intellectual Property

• The trademarks, service marks, and trade names (the "Marks") are the property of DCIC S.A. or other third parties. You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from DCIC S.A.
• Unless otherwise indicated, all materials on the Site are copyrighted by, and owned exclusively by, DCIC S.A. You agree not to appropriate, copy, display, or use the copyrighted content without express, prior, written permission from DCIC S.A.
• You may link to the Site's homepage or other pages, provided you do so in a way that is fair and legal and does not damage DeCash's reputation, but you must not establish a link suggesting any form of association, approval, or endorsement without prior, express, written consent.
• The Site may provide certain social media features that enable you to link, send communications, or display certain content from the Site. You may use these features solely as they are provided by DeCash. You may not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
• The Site and Services are owned by DeCash, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved by DeCash. Except as expressly authorised by DeCash or its licensors, you will not: (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site or Service in any way; (b) copy, modify, republish, distribute, or make derivative works based upon the Site or Service; (c) "frame" or "mirror" the Site or Service on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Site or its Services in order to build a competitive product or service, build a product or service using similar ideas, features, functions, or graphics of the Site or Service, or copy any ideas, features, functions, or graphics of the Site or Service.

9. Your Representations & Warranties

You represent and warrant to DeCash that:

• If you are an individual, you are 18 years of age or older and have the capacity to contract under applicable Laws.
• If registering on behalf of a legal entity, such entity is duly organized and validly existing under applicable laws, and you are duly authorized to act on its behalf.
• You understand the risks associated with using the Site and are not prohibited by applicable Laws from using the Site.
• You will not use the Site or any Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to deal in any unlawful Digital Tokens, Fiat, property, funds, or proceeds.
• You will not trade or obtain financing on the Site with anything other than Fiat, funds, or Digital Tokens that have been legally obtained by you and that belong to you.
• You are currently in compliance with, and must comply with, all Laws that relate to or affect the Services, including AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, and tax Laws, including FATCA and CRS.
• You consent to any and all tax and information reporting as DeCash may reasonably determine.
• Neither you nor any of your Affiliates shall use any Digital Tokens, Fiat, property, proceeds or funds subject to the Services of the Site directly or indirectly: (i) on behalf of or for the benefit of a Sanctioned Person or any Person subject to the jurisdiction of a Prohibited Jurisdiction, except where authorised under any Government Approval or not restricted by applicable Laws; (ii) in violation of or as prohibited, restricted, or penalised under applicable Economic Sanctions Laws; or (iii) in any way that would violate, be inconsistent with, be penalised under, or cause the omission of filing of any report required under applicable AML Laws, CTF Laws, or Economic Sanctions Laws.
• You have not: (i) violated; (ii) been fined, debarred, sanctioned, the subject of Economic Sanctions-related restrictions, or otherwise penalised under; (iii) received any oral or written notice from any Government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws.
• Neither you nor any of your Affiliates is: (i) itself or owned or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services from any Digital Tokens Wallet or Digital Tokens Address, that is likely to result in you or your Affiliates becoming a Sanctioned Person; or (iii) residing or domiciled in, or transferring Digital Tokens, Fiat, funds, or property to, from, or through any Digital Tokens Wallet, Digital Tokens Address, or other account in, a Prohibited Jurisdiction or Government or Government Official of a Prohibited Jurisdiction.
• Neither you nor any of your Affiliates has directly or indirectly offered, promised, given, or authorised any payment, or offered, promised, given, or authorised the giving of anything else of value, including any Digital Tokens, to a Government Official or individual employed by another entity in the private sector in violation of any applicable Anti-Corruption Laws.
• Any instructions received or undertaken through your login credentials or from your authorised e-mail address on file with DeCash are deemed to be valid, binding, and conclusive, and DeCash may act upon those instructions without any liability or responsibility attaching to it.
• You will fairly and promptly report all income associated with your activity on the Site pursuant to applicable Laws and pay any and all taxes exigible thereon.
• You will accurately and promptly inform DeCash if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.

10. No Representations & Warranties by DeCash

DeCash makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. DeCash may also provide access to features or services that are identified as "beta" or pre-release. Such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially.

11. No Advice

DeCash does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.

12. Limitation of Liability & Release

Except as may be provided for in these Terms of Service, DeCash assumes no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys' fees), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses directly or indirectly arising out of or related to:

• These Terms of Service or the Site, and your use of it.
• The Services, and your use of any of them.
• Any inaccurate, misleading, or incomplete statement by DeCash or on the Site regarding your Digital Tokens Wallet, whether caused by DeCash's negligence or otherwise.
• Any failure, delay, malfunction, interruption, or decision by DeCash in operating the Site or providing any Service.
• Any stolen, lost, or unauthorized use of your Digital Tokens Wallet information, any breach of security or data breach related to your Digital Tokens Wallet information, or any criminal or other third party act affecting DeCash or any Associate.
• Any delay or cancellation of the redemption of the DeCash Token or any delay in withdrawal, or loss of value of DeCash Tokens or the loss of Fiat value of Reserves.
• Another Person using your Digital Tokens, Digital Tokens Wallet, account or password, with or without your knowledge.

You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses.

13. No Waiver

Any failure by DeCash to exercise any of its rights, powers, or remedies under these Terms of Service, or any delay by DeCash in doing so, does not constitute a waiver of any such right, power, or remedy.

14. Force Majeure

DeCash is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes or labor disputes; riots; embargoes; floods; bank failures; Digital Token market collapse or fluctuations; power outages or failures; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyber attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against or that are otherwise outside DeCash's control.

15. Assignment

These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of DeCash. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by DeCash without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.

16. Severability

If any provision of these Terms of Service or part thereof is determined to be invalid, void, or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, and everything else in these Terms of Service continues in full force and effect.

17. Sharing of Personal Information

From time to time, DeCash receives information requests from law enforcement agencies around the world. In this context, DeCash might be ordered to share and/or will provide on a voluntary basis, if this appears reasonable and necessary, your Personal Information with/to law enforcement agencies and/or a Government. You hereby consent to the sharing of your Personal Information as further detailed in these Terms of Service.