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Termos de Serviço

LAST UPDATE: September 23, 2022

Welcome to Airtm! 

Welcome to the website operated by Airtm Inc., Airtm Ltd., and any affiliated companies (collectively, and hereafter referred to as "Airtm," "we," "us," or "our"). 

These Terms of Service (these “Terms”) of Airtm are an agreement that describes your rights and responsibilities as an Airtm user. These Terms explain the terms by which you may access and use our online and/or mobile services, website, software, and documentation provided on or in connection with the service (collectively, the “Services”). 

Our Services include a service that allows you to access a custodial account (the “End User Custody Account”) offered, operated, and maintained by Wyre, Inc., or other financial institutions (“Financial Institution(s)”). 

Through our Services, you may instruct certain Financial Institutions to exchange fiat for Digital Currency (as defined below) and vice versa (the “Exchange Services”). The Exchange Services and End User Custody Account are each governed by the terms and conditions you enter into with each Financial Institution (the “Financial Institution Terms”). Neither the Exchange Services nor End User Custody Account are offered by us, and instead are offered by Financial Institutions. Our Services may be provided to you to help you view, manage and access your End User Custody Account and the Exchange Services from Financial Institutions. As used throughout, “Digital Currency” means only those particular digital currencies listed as available to trade or custody in your End User Custody Account or in the Services. You will access and manage your funds and End User Custody Account(s) through Airtm. We do not provide any Exchange Services or End User Custody Accounts. 

By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy available [here], whether or not you are a registered user of our Services. Airtm reserves the right to modify these terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access the Services (“Users”).

Further, by using our services, you agree to Wyre Payment, Inc User Agreement and Privacy Policy.

We invite you to join our global network of members who value FREEDOM to hold and move their legally-earned money in ways that are most convenient, safe, and reliable. If your money has been legally earned, then welcome to a new world of opportunity and freedom. It’s YOUR money.  

1. Eligibility and Agreement

The Services are offered from the U.S. and are intended for use from the U.S. Airtm may not make the Services available in all markets and jurisdictions. Airtm may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf and bind such entity to these Terms, and you agree to these Terms on such entity’s behalf.

You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Airtm, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) are not located in and not under the control of a national or resident of (i) any Restricted Locations, or (ii) any country to which the U.S. prohibits the use of the Services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

You agree that these Terms govern your access to and use of the Services, unless a different policy provided by one of our third party vendors or Financial Institution is provided on a particular site, application or service, in which case such different policy shall govern and control. As a part of the Services, Airtm uses Onfido Limited ("Onfido") to verify your identity and to perform required regulatory screenings. By signing up to use the Services, or otherwise continuing to use this service you agree that you have read, understand, and accept Onfido’s Facial Scan Policy and Release, Privacy Policy and Terms of Service all which can be found by clicking on the hyperlink words. 

We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Services after any update constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service; your sole and exclusive remedy is to terminate your use of the Services and close your Account by notifying support@Airtm.io. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein. 

2. The Airtm Services

2.1 Registration. In order to use our Services, you must register for and maintain an account with us (your “Account”). Registration requires you to submit to Airtm certain personal information including documents that verify your identity. You understand and agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or if the documentation provided does not meet Airtm’s quality standards. In addition, you agree to maintain accurate, complete, and up-to-date information with Airtm. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services or Airtm's termination of these Terms with you. You can only have one Account at any given time.   

2.2 Account Access.  You are responsible for maintaining the confidentiality of your Account information, including your password and all activity including transactions that occur under your account. You agree to immediately notify Airtm of any unauthorized access to and use of your Account or password, or any other security violation via email to support@airtm.io. You may not authorize third parties to use your Account. You are solely responsible for all acts performed through the platform using your password or account whether authorized or not. You should not attempt to gain unauthorized access to Services, and any attempt to do so or to help others to do so, or distributing instructions, software or tools for this purpose will result in the termination of your account and other associated accounts, without prejudice to other rights, remedies, and actions Airtm may take. You cannot create or use an Account other than your own. 

2.3 Financial Institution Partner Services.  Airtm’s Services facilitate access to various financial services, including the End User Custody Account, Exchange Services and person-to-person exchanges of value (“P2P”). The Services are offered by Financial Institutions (such financial services, the “Financial Institution Services”) or by another Airtm User. Please be aware that: (i) Financial Institution Services provided by Financial Institutions may require separate signup, identity verification and agreement; and (ii) P2P transaction involves value held with Financial Institutions and are subject to such Financial Institutions own terms and conditions. 

When funding your End User Custody Account, you authorize Financial Institutions, us or any of such party’s respective payment processors to debit your Linked Account and credit your End User Custody Account according to your instructions as provided by you via our Services (and to the extent funds are not received, returned, reversed, or charged back from your Linked Account but are made available in your End User Custody Account, you authorize Financial Institutions, us or any of such party’s respective payment processors to debit your End User Account for such funds made available to you).  When transferring funds or Digital Currency out of your End User Custody Account, you also authorize Financial Institutions to debit your End User Custody Account and credit your Linked Account or any other digital wallet or account you provide to us according to your instructions as provided by you via our Services. Subject to any delays caused by financial institutions independent of the Exchange Services or delays due to fraud or compliance reviews initiated by Financial Institutions, us or any third party partner providing you with services, transfers will normally process in the following time frame: 3 to 4 business days for transfers from a Linked Account to the End User Account, or less, depending on factors such as payment type and funds availability. Transfer times are not guaranteed in any way.

Below is a general description of the Financial Institution Services: 

(a) Exchange Services. Airtm Services may enable you to access Exchange Services through and where Financial Institutions are licensed to provide such Exchange Services. Using the Exchange Services, you may send fiat currency from your U.S. financial account (“Linked Account”) and receive funds in your End User Custody Account through the services offered by Financial Institutions     . Subject to the Financial Institution Terms and these Terms, you may, through the Service, use the Exchange Services offered by the aforementioned exchange the fiat currency deposited in your End User Custody Account to Digital Currency (to the extent the funds deposited in your End User Custody Account are collectable and settled) or to convert any Digital Currency deposited in your End User Custody Account to fiat currency. Subject to the Financial Institution Terms and these Terms, you may remit any fiat currency deposited in your End User Custody Account to your Linked Account or another users linked account (provided the financial institution holding such account supports transfers in the currency you desire to remit), you may remit any Digital Currency deposited in your End User Custody Account to another user’s End User Account or you may remit any Digital Currency deposited in your End User Custody Account to any digital wallet you link to your End User Custody Account or otherwise provided to us.  Any Digital Currency transfers or processing effected through the Services are conducted by Financial Institutions. Your use of the Services constitutes your acceptance of these Terms and the Financial Institution Terms.

You understand and agree your use of Exchange Services (i) are restricted where prohibited by law and (ii) may require separate signup, identity verification and agreement by the Financial Institutions providing the Exchange Services. You also acknowledge that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are lent through the applicable protocol. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Exchange Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Exchange Services and interacting with the applicable protocol. You further understand and agree that Airtm or Financial Institution may discontinue the Exchange Services in their respective sole discretions, at any time, and that in such an event, Airtm or Financial Institution may require that you (1) transfer any cryptocurrencies held with Financial Institutions or (2) exchange any such cryptocurrencies to another form of value supported by Financial Institutions and Airtm. In the event that you fail to complete either of these options on a timely basis, Airtm or Financial Institution may force exchange of the cryptocurrencies held and provide you with the equivalent in supported value, minus any transactional fees and expenses. 

(b) End User Custody Account. If you open, obtain or otherwise access an End User Custody Account, you will be able to manage your End User Custody Account, view your transaction history and other account information, perform certain transactions, and access various features of your End User Custody Account using the Services. Your use of the Services is governed by these Terms, but the End User Custody Account and any transactions you make in connection with your End User Custody Account (including transactions you initiate through the Services) are covered by the Financial Institution Terms.

The Services allows you to perform certain functions and transactions on or related to your End User Custody Account, including, viewing your balance and transaction history, and submitting transaction instructions to Financial Institution, including instructs to transfer funds between your End User Custody Account and any bank account you link using the Services. Through the Services, you may direct us to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We work with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other products and services that may be of interest to you. By requesting an account link, you authorize us to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. You also agree that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Services. We do not review the Third-Party Account Information for accuracy, legality, or non-infringement, and we are not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity. Any transfer between your End User Custody Account and linked account are governed by the Financial Institution Terms. Certain transaction limitations may apply to the linked account transfers. 

By using the Services, you agree that we and Financial Institution are entitled to act on transaction or any other instructions we receive under your login ID and password for the Services, and you agree that any actions taken under your login ID and password will have the same effect as a signature authorizing the transaction or other action. Subject to applicable law, we reserve the right to deny transactions or any other actions you authorize through the Services without notice to you.

2.4 Transaction Limits. You understand and agree that Airtm or Financial Institutions may impose transaction limits or restrictions based on review of your account, suspected violations of the terms of these Terms or any other reason. Airtm is under no obligation to notify you of any such transaction limits or restrictions. 

2.5 Transaction Governance. Airtm may validate users and performing, as appropriate, regulatory reviews and checks, restricting Services based on Airtm’s own TrustRating system and, in the event of compliant of fraud, conducting investigations to resolve those claims. 

You understand that certain Users that comply with required qualifications may become Advance Users (“Advanced Users”) of the Services. Advanced Users have the ability to accept requests for Exchange Services from other Users on a regular basis. Advanced Users are subject to these Terms and are not employees, agents, representatives, and do not constitute a joint venturer in any way or partnership with Airtm. Airtm does not purport to provide any investment or financial advice to Users or Advanced Users pursuant to section 9.1 of these Terms. 


2.6 The safety and security of your money is very important. We will at all times act in good faith to provide our Services. You acknowledge and agree, however, that Airtm does not guarantee the successful execution of all transactions you request and that Airtm or Financial Institution may also cancel a transaction in its reasonable discretion. You may be requested to provide additional information when initiating an Airtm or Financial Institution transaction including providing proof of source of funds. You agree to comply with such requests and understand and acknowledge that Airtm or Financial Institution may cancel any transaction should you fail to comply with such requests and further may restrict access and use the Services or terminate these Terms and your Account permanently. 

2.7 Charges. You understand that use of the Services may result in charges to you for the services you receive from Airtm or one of its Financial Institution ("Charges"). Any Charges assessed by Airtm for its Services will be displayed before you initiate a service request and if the service request is approved by you, the Charges will be deducted directly from your End User Custody Account or Linked Account. Any Airtm Charges paid by you are final and non-refundable, unless otherwise determined by Airtm. Airtm reserves the right to establish, remove and/or revise Airtm Charges for specific service requests in its sole discretion. Airtm may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar service requests, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Airtm Charges applied to you. Financial Institution may assess Charges for its services pursuant to Financial Institution Terms. Airtm is not responsible for Financial Institution Charges. 

2.8 Chargebacks.  In addition to the Charges described above, you understand and agree that you are responsible for any fees, costs, expenses, losses, charges and the like (collectively, “Chargebacks”) incurred by Airtm or Financial Institution as a result of transactions you initiated and that were reversed, failed, were fraudulent or resulted in errors when processed. You also understand that you may be subject to Chargebacks by Financial Institutions for transactions you initiated and understand and agree that such Chargebacks by Financial Institutions are your sole responsibility.

3. Promotional Programs

3.1 General. Airtm may have promotional offers and programs from time to time (“Airtm Promotions”). You understand and agree that Airtm may establish, in its absolute discretion, terms and conditions, including eligibility, for Airtm Promotions, and may change or terminate the Airtm Promotions at any time, with or without notice. Your participation in Airtm Promotions is prohibited where void by applicable law or regulation.

3.2 Airtm Loyalty Rewards. Airtm provides Users with loyalty rewards equal to 1% per annum of the average monthly balance of Digital Currency Users hold through Airtm in the User’s End User Custody Account (“Loyalty Rewards”). Average monthly balance is based on the average of the daily account balance calculated as of 11:59pm UTC. Loyalty Rewards are provided as a Digital Currency designated by Airtm within ten (10) days following the end of each calendar month. In order to participate in the Loyalty Rewards a User must: (1) Not be a Residents of Mexico or the United States of America (2) Must have made a transaction within the withdraw or add option within Airtm during the particular month into their Airtm’s account (3) Not have a signed partnership agreement with Airtm. Airtm will only deposit the rewards if the amount is .01 Digital Currency or higher.

4. Additional App Store Terms 

4.1 We may make available software to access the Services via a mobile device (the “App”). To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

4.2 (Reserved)

4.3 App from Google Play Store. The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Airtm, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software.

5. General Use, Prohibited Use, and Termination

5.1 Limited License. We grant you a limited, nonexclusive, non transferable license, subject to the terms of these Terms, to access and use the Services, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Airtm from time to time. Any other use of the Services or Content is expressly prohibited and all other rights, title, and interest in the Services or Content is exclusively the property of Airtm and its licensors. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Airtm", "Airtm.io", “Airtm.com" and all logos related to the Airtm services or displayed on the Services are either trademarks or registered marks of Airtm or its licensors. You may not copy, imitate or use them without Airtm's prior written consent.

5.2 Website Accuracy and Third Party Links. Although we intend to provide accurate and timely information, the Services (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Services are your sole responsibility and we shall have no liability for such decisions. 

The Services may contain links to third-party materials that are not owned or controlled by Airtm. Airtm does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Airtm’s Privacy Policy do not apply to your use of such sites. You expressly release Airtm from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Airtm shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

5.3 Prohibited Activities. You agree that you will not use Airtm Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performance of the Services or Financial Institution Services. You may not engage in any of the following activities via the Services or Financial Institution Services, nor may you help a third party in any such activity: (1) which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Airtm or Financial Institution conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; (2) undertaken to try and gain unauthorized access to our Services, another user’s account or Financial Institution Services; (3) designed or which operates to defraud Airtm, Financial Institution, Airtm users, or any other person; (4) that results in providing  false, inaccurate, or misleading information to Airtm; (5) designed to attempt to bypass or circumvent any security features; (6) that reproduces, duplicates, copies, sells or resells our Services for any purpose except as authorized in these Terms or that reproduces, duplicates, copies, sells or resells our Financial Institution Services for any purpose except as authorized in Financial Institution Terms; (7) that is abusive or interferes with or disrupts our Services or Financial Institution Services; (8) that discloses or misuses  information of another Airtm User; (9) that hides or misrepresents the true origin of assets and resources which are the object of the services contracted with Airtm or which is not conducted in your true name and identity. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity. If you are blocked by Airtm from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). 

In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, this notification is to inform you that restricted transactions are prohibited from being processed through your account or relationship with Airtm. Restricted transactions are transactions in which a person accepts credit, funds, instruments or other proceeds from another person in connection with unlawful Internet gambling. By maintaining an account with our institution, you certify that you do not engage in unlawful Internet gambling and you agree to notify us if your account is ever used for unlawful Internet gambling of any kind. If you do not, we may terminate your access to various payment methods or close your account.

5.4 Suspension, Termination, and Cancellation. Airtm may, at its sole and absolute discretion, and without notice: (a) suspend, restrict, or terminate your access to any or all of the Airtm Services, and/or (b) deactivate or cancel your Airtm Account, for any reason including:

  • We are so required by a facially valid subpoena, court order, or binding order of a government authority; or

  • We suspect you of using your Airtm Account or End User Custody Account in connection with any Prohibited Activity; or

  • Use of your Airtm Account or End User Custody Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or

  • Financial Institutions are unable to support your use; or

  • You take any action that Airtm deems as circumventing Airtm's controls, including, but not limited to, opening multiple Airtm Accounts or End User Custody Accounts or abusing promotions which Airtm may offer from time to time.

We also reserve the right to log off accounts that have been inactive for periods of six (6) months or more, or to modify or discontinue the Services. You agree that we are not liable to you or third parties for the suspension or termination of your account or access to the Airtm Services.

If Airtm suspends or closes your account or terminates your use of Airtm Services for any reason, we will provide you with notice of our actions to the extent required by law, unless a court order or other legal process prohibits Airtm from providing you with such notice. You acknowledge that Airtm's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Airtm's risk management and security protocols. You agree that Airtm is under no obligation to disclose the details of its risk management and security procedures to you.

The suspension or termination of your account does not affect any obligation you have to Airtm or Financial Institution for Charges or Chargebacks relating to transactions executed prior to the suspension or termination date.

In the event of termination of your account, you need to provide Airtm or the Financial Institution with a valid bank account to allow the Financial Institution to transfer the funds available in your End User Custody Account. Such bank account must belong to you and must be located in the same country in which the funds originated. (And in case where the funds originate from several countries, transfers will only be permitted to a valid bank account from which originated the majority of funds). Notwithstanding anything to the contrary, you understanding that Financial Institution may transfer all funds in your End User Custody Account to your Linked Account.

Unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order, Airtm will instruct Financial Institution to use reasonable effort to transfer the funds in legal tender as soon as possible after receiving such a request; however, each Airtm and Financial Institution has the right to hold the funds for such time period, as either such party reasonably determines, is necessary to address any potential Chargebacks or regulatory or legal issue relating to the funds or transactions executed from the User account.

5.5 Unclaimed Property. If Airtm is unable to contact you and has no record of your use of the Services for a period designated under law (dormancy period), applicable law may require Airtm to report your assets with us (if any) as unclaimed property to the applicable jurisdiction. If this occurs, Airtm will try to locate you at the address shown in our records, but if Airtm is unable to locate you, it may be required to deliver any such assets to the applicable state or jurisdiction as unclaimed property. Airtm reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

5.6 Dormancy Fees. Starting on October 1, 2022, your account will be deemed as dormant after 12 months of inactivity. Activity is defined as performing a transaction in your account, (i.e. sending, receiving, or creating a transaction)  t. Airtm will count from the day in which you last performed an Activity. Airtm may charge a monthly inactivity fee of $1 AirUSD on all dormant accounts. The inactivity fees will be deducted from the dormant account’s available balance within the first seven (7) days of every calendar month. If there is no available balance on your account, Airtm will not deduct further monthly inactivity fees from that account, in other words, a dormant account will not incur negative balance as a result of deducting the monthly inactivity fee. We may apply the inactivity fee to your account without prior notice. [This clause does not apply to residents of the United States].

6. User Content

Some areas of the Services allow Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. 

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Airtm a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Airtm’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. 

For the purposes of these Terms, “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.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.

  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

  • Your User Content and Airtm’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

  • Airtm may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

  • All of your User Content and other information that you provide to us is truthful and accurate.

Airtm takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Airtm shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

7. Customer Feedback, Queries, Complaints, and Dispute Resolution

7.1 Contact Airtm. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Airtm under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Airtm does not waive any rights to use similar or related ideas previously known to Airtm, or developed by its employees, or obtained from sources other than you. You may contact us via any supported customer support link, service or via email at support@Airtm.io. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Airtm Account, and the transaction on which you have Ideas, questions, or complaints.

7.2 Complaints. If you have a dispute with Airtm (a “Complaint”), you agree to contact us through our support team to attempt to resolve any such dispute amicably. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps. Pursuant to any dispute relating to your use of the Services, Airtm will initially conduct its own investigation. You agree to cooperate reasonably with Airtm’s investigation, provide information as requested and, if it is reasonably determined by Airtm that amounts are owed by you due to error, fraud or otherwise, you agree to make payment to Airtm in accordance with Airtm’s determination within forty five (45) days. In the event that Airtm determines that amounts are owed to you, Airtm agrees to make payment to you of such amounts within forty five (45) days. If we cannot resolve the dispute through our internal investigation, you and we agree to use the Arbitration process set forth below. 

7.3  Arbitration. You or we, or any other party that may be involved, including without limitation Onfido, Inc., (each a “Party”, collectively, the “Parties”) shall have the right to have any dispute arising between or among the Parties pursuant to or related to these Terms or that relates in any way whatsoever to your use of the Services, including, but not limited to, your use of the identity verification feature and any of Onfido’s products or services, be settled by means of binding arbitration. This arbitration provision expressly covers all past, present or future claims between or among the Parties. No claim hereunder may be asserted on a class, collective or representative basis or otherwise joined with the claims of anyone else. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute hereunder including, but not limited to, any claim that all or any part of the requirement to arbitrate is void or voidable. Arbitration must proceed only with and under this arbitration clause and the applicable International Chamber of Commerce’s (ICC) Rules, but the rules in this arbitration clause will be followed if there is disagreement between them and ICC’s procedures. If ICC's rules or procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of ICC’s rules and procedures, to file a claim or for other information, please see http://www.iccwbo.org. If ICC is completely unavailable, and if the Parties cannot agree on a substitute, then a Party may request that a court appoint a substitute arbitrator. Unless otherwise agreed by the Parties, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airtm submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the ICC Rules. Subject to the ICC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.  Notwithstanding the provisions of the modification-related provisions above, if Airtm changes this "Arbitration" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Airtm written notice of such rejection by mail or hand delivery to: Airtm Inc, Attn: Dispute Resolutions, 8 The Green, STE A, Dover, DE 19901, or by email from the email address associated with your Account to: support@Airtm.io, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Arbitration" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Airtm in accordance with the provisions of this "Arbitration" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

8. Release, Disclaimers, Limitation on Liability, Indemnity

8.1 Release. By using the Services, you agree that you assume all risks in connection with your access and use of the Services. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8.2 Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRTM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AIRTM, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

FURTHER, AIRTM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AIRTM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8.3 Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRTM OR ANY FINANCIAL INSTITUTION, OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL AIRTM OR ANY FINANCIAL INSTITUTION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AIRTM NOR ANY FINANCIAL INSTITUTION ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY 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 SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRTM OR ANY FINANCIAL INSTITUTION, OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AIRTM HEREUNDER OR $50.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AIRTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8.4. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Airtm, Financial Institution and their respective subsidiaries, shareholders, agents, licensors, managers, and other affiliated companies, and their employees, contractors, subcontractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

9. General

9.1 No Advice.  Airtm does not provide investment advice. The information contained within the Airtm website is for informational purposes only, and we are not soliciting any action based upon such materials. You agree and understand that we do not purport to provide any investment advice. We do not provide any consultation on the advisability of purchasing, exchanging, lending or borrowing digital assets, trading techniques, models, algorithms, or any other schemes. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

9.2 Privacy. Protecting your privacy is very important to Airtm. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. The Privacy Policy is incorporated herein by reference. You agree to abide by all terms set forth in the Privacy Policy.

9.3 Confidentiality. You agree to maintain in confidence any written, oral, or other information obtained through your use of the Services unless (a) such information is already known to you or such information becomes publicly available through no fault of you, (b) the use of such information is necessary or appropriate in making any filing or required for the consummation of transactions authorized through use of the Services, or (c) the furnishing or use of such information is required by or necessary or appropriate in connection with legal proceedings.

9.4 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your use of Airtm. We will not withhold any amounts from your account; provided however, that we reserve the right to withhold any amounts that we deem required under applicable law.

9.5 Notice. Airtm may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Airtm, with such notice deemed given when received by Airtm, at any time by first class mail or pre-paid post to Airtm, Inc., Attn: Airtm User Notices, 8 The Green, Suite A, Dover, DE 19901.

9.6 No Class Proceedings. You and we agree that any Party hereto may bring claims against the other on an individual basis only and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless the Parties agree otherwise, any adjudicator of any claim may not consolidate or join more than one Party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any adjudicator of any claim may award relief, including monetary, injunctive, and declaratory relief, only in favor of the Party seeking relief, and only to the extent necessary to provide relief necessitated by that Party’s claim(s). Any relief awarded cannot affect other users of the Services.

9.7 Entire Agreement. These Terms and the Airtm Privacy Policy, incorporated by reference herein, comprise the entire understanding and agreement between you and Airtm as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and Airtm. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.

9.8 Assignment. You may not assign or transfer these Terms or any rights and/or licenses granted under these Terms. We reserve the right to assign our rights without restriction, including without limitation to any Airtm affiliates or subsidiaries, or to any successor in interest of any business associated with the Airtm Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

9.9 Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

9.10 Change of Control. In the event that Airtm is acquired by 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 as part of such merger, acquisition, sale, or other change of control.

9.11 Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms shall survive the termination or expiration of these Terms.

9.12 Governing Law. You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will exclusively govern these Terms and any claim or dispute that has arisen or may arise between you and Airtm.

9.13 Force Majeure. We shall not be liable for delays, failure in performance of our obligations or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe, and such delay, failure or interruption shall not affect the validity and enforceability of any remaining provisions.

9.14 English Language Controls. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Electronic Communication and E-Sign Agreement

1Electronic Transactions.

You agree to receive electronic Communications (as defined below) from Airtm Inc., Airtm Ltd., and any affiliated companies and our partners, including financial institutions that provide you financial services that may be accessed through the Services (individually and collectively, and hereafter referred to as "Airtm," "we," "us," or "our") and to transact electronically with Airtm. Airtm is required by law to give you certain information in writing. This means you have the right to receive that information physically, on paper. With your consent, we will send that information to you electronically, instead, in accordance with the federal Electronic Signatures in Global and National Commerce Act (“E-Sign Act”). By consenting to this Electronic Communication and E-Sign Agreement, you consent to receive Communications in electronic form for any Airtm products, services, and accounts that you apply for or obtain, either now or in the future. You also consent to the use of electronic signatures in your relationship with Airtm and to enter into electronic transactions with Airtm. “Communications” includes each disclosure, notice, agreement, Privacy Policy, statement, record, document, and other information that may be required or is otherwise provided during the business relationship between you and Airtm. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Terms of Service [hyperlink].

2Delivery.

Electronic Communications may be posted on the Airtm website or mobile application and/or delivered to the email address you provided to us. We may also deliver Communications to you in the manner specified in any other agreement we have with you. It is your responsibility to keep current your contact information associated with your account so that we can send you electronic Communications. You can update your email address and other contact information from your account settings or by contacting us at support@Airtm.io. We reserve the right to provide Communications in paper form. 

3Withdrawal of Consent.

You have the right to withdraw your consent to receive electronic Communications. If you withdraw your consent, we may terminate your User Account and related services. To withdraw your consent, please contact us at support@Airtm.io. 

4Physical Documentation.

You will have the right to request any Communications covered by this Agreement in physical, paper form. To receive a paper copy of any document that has been previously provided to you, please contact customer service at support@Airtm.io. We will charge you $10 per page for requesting paper documents. Future Communications will continue to be delivered electronically unless you withdraw your consent, as described below. We reserve the right to terminate your relationship if we are unable to support certain requests for paper documents or you withdraw your consent provided hereunder.

5Minimum System Requirements.

To access electronic Communications, you will need certain browser and encryption software that meet these requirements. Airtm’s system requirements are:

(a)A mobile device running Apple iOS 13.0+ + or Android 5.0+ (Lollipop).

(b)A computer capable of running a modern web browser like, Microsoft Edge, Safari 13 +, Chrome 48 +, or Firefox 68 +

(c)The ability to view and retain Portable Document Format (PDF) files.

(d)The ability to receive text messages to allow for two-factor authentication. 

(e)Sufficient storage space to save Communications and the capability to print the Communications from your computer or mobile device.

(f)A current version of a program that accurately reads and displays Portable Document Format or “PDF” files, such as Adobe® Acrobat Reader® version 8.0 and above.

By consenting to this Electronic Communication and E-Sign Agreement (“Agreement”), you confirm that the electronic device you use to access Airtm products or services meets the minimum specifications and requirements outlined above. If a change in these hardware or software requirements creates a substantial risk that you will not be able to access or retain electronic Communications, we will provide you with notice of such change. Continued use of Airtm electronic services after any such notice signifies your acceptance of the change and reaffirmation of your consent.

6 Consent.

You consent to the electronic delivery of all Communications and to transact with Airtm electronically. You are not permitted to access or use the Service without acceptance of this Agreement. You confirm that you have access to an electronic device that satisfies our minimum system requirements, and that you have access to a printer and/or the ability to download information. By consenting to this Agreement, you also agree that we will not be providing to you any future Communications in paper form unless specifically requested by the means defined above. You should retain a copy of this Agreement and all other Communications for your records.

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