END USER LICENSE AGREEMENT

Last Modified: October 1, 2024

Your use of the MELDApp is governed by and subject to this End User License Agreement (the “EULA”), our MELDApp Terms and our Privacy Policy , as well as the MELD General Terms of Use (collectively the “MELD Terms”). By downloading and using the MELDApp, you agree to be bound by the MELD Terms. If you do not agree to the MELD Terms, you should not download or use the MELDApp.

In this End User License Agreement, capitalised terms shall have the meanings ascribed to them in the MELDApp Terms, unless otherwise expressly provided herein. For clarity, the definitions contained in the MELDApp Terms are hereby incorporated by reference and shall apply mutatis mutandis to this Agreement.

We will send legal notices (such as notices of changes to MELD Terms) and all other legal documents to i) the e-mail address that you have provided us as part of your registration process or ii) within your MELDApp.

MELD, us, we , our, provider, shall mean MELD Ltd. , a company limited by shares, incorporated in Cayman Islands, legal entity code 395937, VP Number: SCS6729, registered address Kensington House, 69 Dr.Roy's Drive, PO Box 2510, George Town, Grand Cyman, KY1-1208, Cyman Islands.

Scope of Licence

  1. MELD Group, its subsidiaries and affiliates (“our”, “we”, “us”, “MELD”, “provider”) grants you a limited non-transferable license to install and use the MELDApp and its features on personal supported mobile device or operating system. 
  2. This license is granted for an indefinite term and is valid worldwide, subject to termination by either party in accordance with the terms of this EULA. However, you acknowledge that the use of the app and its features may be restricted or prohibited in certain jurisdictions due to local laws or regulations related to cryptocurrencies. You are solely responsible for complying with all applicable laws and regulations in your jurisdiction. MELD shall not be liable for any damages or losses arising from such limitations.
  3. Your download of the MELDApp is subject to and conditional upon the terms of download or installation imposed by the operator of the store or shop where you download the MELDApp from (Store Rules). 
  4. Scope of MELDApp Licence prohibits to:some text
    1. use the MELDApp on any mobile device that you do not own or control;
    2. distribute or make the MELDApp available over a network where it could be used by multiple devices at the same time;
    3. rent, lease, lend, sell, redistribute or sublicense the MELDApp; or
    4. copy (except as expressly permitted by this license and the Store Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MELDApp, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the MELDApp).
  5. If you breach any of the terms of this license agreement, you may be subject to legal action, including but not limited to, prosecution, damages, and injunctive relief. Additionally, we may terminate your license and/or access to the mobile app.
  6. Lawfull use. You may not use or otherwise export or re-export the MELDApp except as authorised by the laws of the jurisdiction in which App was obtained. By using the MELDApp, you represent and warrant that you are not located in a country that is subject to embargo, or that has been designated by Applicable laws as a “terrorist supporting” country, that you are not listed on any aplicable list of prohibited or restricted parties and that you are not part of a Restricted Jurisdiction, in terms of AML/CTF, or crypto ban, or otherwise.

Changes to this EULA and the MELD App

  1. MELD reserves the right to revise this EULA from time to time. We will update the ‘Version Date’ at the beginning of this EULA when we make any change. If you do not agree with this EULA at any time, you should cease using the MELDApp and delete it from your device. Your continued use of the MELDApp constitutes your continued agreement to the current EULA.
  2. MELD may change or update the MELDApp and its features at any time. You may be required to download and reinstall a new version of the MELDApp if changes and updates are made.

Intellectual Property

  1. The MELD App itself as well as the design, trademarks, service marks, logos and branding displayed on the MELDApp and all content and information within it, belongs to MELD, its trademark licensors and other parties (the “MELD Intellectual Property”).
  2. MELD Intellectual Property is protected by applicable intellectual property and other laws, including copyright and you must not use it except as strictly permitted by these MELD Terms.
  3. The MELDApp enables access to MELD’ sites, services and information as well as third party sites, services and information (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. Maps and location data provided in the MELDApp are provided for basic navigational purposes only. They should only be used as a guide and should not be relied upon in situations where precise location information is needed.

Privacy and Security

  1. We collect personal information such as your username, password, personal details, device information and operating system to provide the MELDApp to you. We may use your personal information to display targeted marketing and advertising to you within the MELDApp. We may also collect information about your use of the MELDApp to help improve the app and our other products and services. We collect, store and process all information strictly in accordance with the MELD Privacy Policy.
  2. Access and use of the MELDApp occurs across the networks of a number of mobile operators. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them and we disclaim any responsibility for any network or service used to access and use the MELDApp. Check with your network service provider for information about their privacy and security practices.

No Warranty, Indemnification, Limitation of Liability

  1. The MELDApp is provided “as is” and “as available” with all faults. MELD excludes, to the greatest extent permitted by law, all warranties, conditions and other contract terms with respect to the MELDApp MELD does not warrant some text
    1. against interference with your enjoyment of the MELDApp, 
    2. that the functions contained in or provided by, the MELDApp will meet your requirements, 
    3. that the operation of the MELDApp will be uninterrupted or error-free, or 
    4. that defects in the MELDApp will be corrected.
  2. We will not be responsible to you for any loss of profits, loss of revenues, loss of business, loss of opportunity, loss of or damage to data, business interruption, property damage or any other commercial damages or any loss arising from a cause beyond our reasonable control, whether direct or indirect losses.
  3. Nothing in these MELD Terms shall exclude or limit our liability to you for (i) fraud, or (ii) death or personal injury caused by our negligence.
  4. You shall indemnify and hold MELD, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your mis-use of the MELDApp, any breach of the terms and conditions set forth in the MELD Terms, by you, or other users of any Services using your access ID or credentials if you have disclosed these to any unauthorised person, or otherwise failed to keep these secure. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
  5. You agree that the owner of each operating system on which the MELDApp is made available (“OS Owner”) and its subsidiaries are third party beneficiaries of these MELD Terms, and that the OS Owner will have the right (and will be deemed to have accepted the right) to enforce applicable portions of these MELD Terms against you, the end-user, as a third party beneficiary thereof pursuant to applicable laws.

Miscellanous 

  1. Termination. MELD may discontinue the MELDApp or terminate your license to use it, at any time. We will terminate your license if you fail to comply with the MELD Terms. Upon termination of the license, you must stop using the MELDApp and delete it from your device.
  2. Governing Laws. The MELD Terms and your use of the MELDApp are governed by and subject to the laws of the Cayman Islands.
  3. Comprehensive Agreement. The EULA together with referenced MELD Terms is binding agreement between you and MELD. All and any issues, terms and conditions, that are not mentioned in this document of EULA, are goverened by the clauses up the MELDApp Terms as well as the general MELD Terms. By accessing or using MELD Sites, MELD Services (Including MELD App), you agree to be bound by all of the terms and conditions set forth in these documents.
  4. Language. User and MELD shall agree that the language of these Terms as well as communication between you and us is to be English.
  5. Contact us: in case the Terms and Specific Terms not indicate, and the Service platforms allow for no another method of contacting us, use info@meld.com to contact MELD