PreSend Terms of Use

Effective Date: March 13, 2023

The following terms and conditions (the “Terms”) are between you and PreSend, LLC (“PreSend” or “our” or “we” or “us”) and govern your use of the PreSend cryptocurrency wallet software (the “PreSend Software”), the PreSend website located at https://presend.io/ (the “Site”), and any content, products, or services made available from or through the PreSend Software and/or the Site, including any subdomains thereof (collectively, the “Services”). The PreSend Software may, without limitation, be available in the form of a webapp, accessible through https://app.presend.io/, as well as in the form of a chrome extension, available through the Site or relevant app stores.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICES AND/OR ACCEPTING THESE TERMS BY CLICKING “I ACCEPT” OR SIMILAR ATTESTATION, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THE SERVICES IMMEDIATELY AND DISCONTINUE ANY USE OF THE SAME.

1.) Your Acceptance of These Terms

These Terms between you and PreSend govern your use of the Services. Your use of the Services signifies your acceptance of these Terms and constitutes a legally binding agreement between you and PreSend. PreSend may modify these Terms at any time and will post the modified Terms on the Site. Any modification is effective immediately upon posting. Your continued use of the Services will be conclusively deemed to signify your acceptance of such modifications.

2.) The Services

The Services include PreSend Software that allows individuals looking to transfer digital assets from their wallet (the “Initiator Wallet”) across the blockchain to automatically verify the compatibility of those assets and associated blockchain with the desired destination wallet and chain. The goal of the PreSend Software is to ensure that funds transferred across the blockchain successfully arrive at their destination and to block incompatible transactions.

Each time you initiate a transfer of your digital assets across the blockchain (each, a “Transfer”), you will be prompted to enter relevant information into the PreSend Software, including, without limitation, the amount of digital assets you wish to transfer, the destination wallet address, and relevant blockchain (the “Transaction Information”). Before initiating a Transaction (defined in Section 3 below), you must ensure that the intended Initiator Wallet is connected to the PreSend Software. You must correctly input all requested information into the PreSend Software in order for the PreSend Software to perform as described. Any failure to do so may result in an inaccurate assessment. We assume no responsibility or liability for any inaccuracy or error in the information you input into the PreSend Software, including the Transaction Information, or any associated inaccuracy or error of results. We further have no liability to you or to any third party for any claims or damages that may arise as a result of any Transfer you initiate or complete or any other transaction you conduct over the blockchain.

Currently, the PreSend Software supports a limited number of centralized exchanges and wallets (each, a “Supported Exchange”), which are identified via the dropdown menus inside the PreSend Software. The list of Supported Exchanges may be updated from time to time. You will be able to initiate a Transaction to the Supported Exchanges and/or wallets only.

The Services are purely non-custodial, meaning we do not have any custody, possession, or control over your digital assets at any time.

3.) Fees & Payment Terms

While it is free to register for the Services, certain aspects of the Services may require that you pay PreSend a fee. We reserve the right to increase the fees and to charge for certain or all Services in the future. We will notify you before implementing any such increase or change by posting the modified fees in the updated Terms on the Site.

Each time you enter the requested information into the PreSend Software and authorize the PreSend Software to run the verification process (each, a “Transaction”), you will be charged a fee (the “Fee”) equal to the greater of (a) $1.00 and (b) .002% of the amount indicated to be transferred (the “Transfer Amount”). By initiating a Transaction, you agree to accept and pay the Fee. Payment obligations are non-cancelable and Fees paid are non-refundable.

You represent and warrant that the Initiator Wallet you use to initiate any Transaction is issued in your name and you are authorized to use such Initiator Wallet. We reserve the right to suspend your account and/or your ability to use the Services in case of an actual or reasonably suspected breach of the foregoing warranty.

You specifically acknowledge and agree that PreSend may charge you a Fee for any Transaction based on the Transfer Amount, regardless of whether you have sufficient assets in the Initiator Wallet to complete the transfer or the transfer asset can be deposited.

As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services. Except for income taxes levied on PreSend, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

4.) Intellectual Property

With the exception of User Content, the Services and their entire contents, features, and functionality, including trademarks, service marks, images, descriptions, any and all related technology and any modifications, enhancements or derivative works thereof (collectively, “PreSend Materials”) are the property of PreSend, its licensors, or other providers of such material, and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. As between you and PreSend, PreSend retains all right, title and interest, including all intellectual property rights, in and to the PreSend Materials. You agree to notify PreSend immediately upon becoming aware of any claim that the Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

Subject to your compliance with these Terms, PreSend grants you a limited, non-exclusive, non-sublicensable, non-transferable, right to access and use the Services solely for your personal use. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by PreSend. Except as expressly permitted by these Terms, you will not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the PreSend Materials in whole or in part.

PreSend further owns all right, title, and interest, including all intellectual property rights, in and to any data related to your use of the Services in aggregated and de-identified form and any data derived from PreSend’s monitoring of your access to or use of the Services.

If you provide PreSend any feedback or suggestions regarding your use of the Services, including for improving the Services (“Feedback”), you hereby assign to PreSend all right, title, and interest in such Feedback and agree that PreSend is free to use such Feedback in any manner it deems appropriate. PreSend will treat any Feedback you provide to PreSend as non-confidential and non-proprietary.

5.) Additional Obligations & Restrictions on Use

To access the Services, you may be asked to sign up for an account, select a password and username, and provide certain registration details or other information (“Credentials”). You agree to provide us information that is correct, current, and complete. You are responsible for protecting the confidentiality of your Credentials. PreSend is not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials.

You agree that you will not: (i) copy, modify, translate, patch, improve, or create any derivative works of the Services, or any part thereof; (ii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Services, or any part thereof; (iii) circumvent technical or security measures used in conjunction with the Services; (iv) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any other product or service, unless you obtain PreSend’s express prior written consent to do so; (v) forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Services; (vi) collect, store, publish, post, sell, transmit or disclose personal data about other users of the Services unless expressly authorized by such other users to do so; (vii) harvest or otherwise collect information about other users of the Services without their consent; (viii) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices; (ix) use the Services for competitive purposes, including to develop or enhance a competing service or product; or (x) violate any applicable state, national or international law or regulation or the rights of third parties, including intellectual property laws and third-party rights with respect thereto.

You further agree that you will not use the Services (xi) to post, list, or upload inappropriate content or items; (xii) to impersonate or attempt to impersonate PreSend, a PreSend employee, another user, or any other person or entity; (xiii) if you are unable to form legally binding contracts or are suspended, temporarily or permanently, from using the Services; or (xiv) if you are prohibited from doing so under economic, trade, or other sanctions.

Without limiting the generality of the foregoing, you expressly agree that you will not: (i) indicate in the PreSend Software that you are transferring assets to a specific Supported Exchange or wallet while sending those to a different Supported Exchange, an unsupported exchange, an unsupported wallet, a different supported wallet, or a wallet app; or (ii) use the PreSend Software where the transferred asset cannot be deposited in the destination wallet.

6.) User Content

By submitting, uploading, transmitting or making available to PreSend through the Services any of your data and materials (“User Content”), including, without limitation, the Transaction Information, you represent and warrant that: (i) you own or have all rights necessary to submit, upload, transmit or make available such User Content and otherwise use it for your intended purpose; (ii) the Transaction Information is complete and accurate; and (iii) the User Content you submit, your use of such User Content, and our use of such User Content, as set forth in these Terms, do not and shall not: (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; and (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation. You agree that you will not post content that is false, deceptive, inaccurate, misleading, defamatory, obscene, threatening, libelous, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You further agree that you will not post content that consists of or contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

You are solely responsible for your User Content and assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by us or others, or any disclosure of your User Content that makes you or any third party personally identifiable. PreSend takes no responsibility and assumes no liability for any User Content transmitted by you or any third party.

By making any User Content available through the Services you hereby grant to us a non exclusive, transferable, sub-licensable, worldwide, perpetual, irrevocable, fully paid up, royalty-free license to use, copy, modify, aggregate, create derivative works based upon, distribute, publicly display, publicly perform, distribute and otherwise fully exploit your User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including, without limitation, to promote and redistribute part or all of the Services

in any media and through any media channels and to sell User Content in aggregated and de identified form, including after the termination of your account or the Services. You also hereby grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

7.) Termination of Access & Use

You agree that PreSend, in its sole discretion and without notice or other obligation to you, may terminate, change, suspend or discontinue any aspect of the Services at any time and that we may suspend or terminate your access to and use of the Services if we believe that you are in breach of our Terms or applicable law, or for any other reason without notice or liability.

Upon termination of these Terms, your right to use the Services and PreSend Materials will immediately terminate. Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination, including, without limitation, Section titled “Intellectual Property,” “Termination of Access & Use”, “User Content,” “Privacy Policy”, “Disclaimer of Warranties”, “Limitation of Liability”, “Dispute Resolution”, “Governing Law,” “Indemnification,” and “Miscellaneous.”

8.) Eligibility & Access Outside of the United States

You represent and warrant that you are of legal age to form a binding contract with PreSend and are not barred from using the Services by the laws of the United States or the country in which you reside. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

PreSend makes no claims that the Services or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you use the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

9.) Privacy Policy

For information on our data and information collection, disclosure and use practices, please read our Privacy Policy located at PreSend Privacy Policy . You acknowledge and understand that PreSend’s use of the data we collect and your personally identifiable information will be in accordance with the Privacy Policy. By using the Services, you consent to the privacy policies set forth in the Privacy Policy.

10.) Copyright Policy

If you believe that any content posted on the Services violates your copyright, please see our Copyright Policy provided at PreSend Copyright Policy for instructions on sending us a notice of copyright infringement.

11.) Third-party Websites

The Services may include links to third-party websites and products, which may include software cryptocurrency wallets and cryptocurrency exchange platforms, that we do not control or operate (each, a “Third-Party Product”). We are not responsible for any information, content, advertising, products, services or other materials in any Third-Party Product, and the presence of such links does not constitute our endorsement, approval or sponsorship of any Third-Party Product. If you choose to link to any Third-Party Product, you are doing so at your own risk, and you will be subject to the terms of use of that website. Therefore, before interacting with any Third-Party Product, you should consult the legal terms governing the use of such Third-Party Product. We expressly disclaim any and all liability resulting from your use of any Third-Party Product, and you hereby release and hold us harmless from any and all liability arising from your use of any Third-Party Product.

12.) Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESEND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS AND AVAILABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. PRESEND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF ANY USER CONTENT IS INCORRECT OR MISLEADING, PRESEND IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION AND DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER ERROR, INCLUDING ANY LIABILITY FOR ANY INACCURACY IN RESULTS BASED ON SUCH ERROR.

WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY THIRD PARTIES OR ANY USER OF THE SERVICES AND DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH. WE ARE NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORK OR AN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS INCORRECTLY INPUT TRANSACTION INFORMATION OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, BLOCKCHAIN NETWORK, OR AN ELECTRONIC WALLET.

13.) Limitation of Liability

NEITHER PRESEND NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF PRESEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY PERFORMANCE UNDER THESE TERMS, INCLUDING A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST PRESEND, NOTWITHSTANDING THE FOREGOING, PRESEND’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE LESSER OF (1) THE AMOUNT PAID BY YOU IN CONNECTION WITH SUCH USE IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY, OR 2) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14.) Dispute Resolution

In the event of any controversy, dispute or claim arising out of or related to your use of the Services or their content, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. Arbitration shall take place in the State of Delaware. Notwithstanding the parties’ agreement to settle any disputes by arbitration, PreSend may bring a claim for injunctive relief in any appropriate state or federal district court located in the State of Delaware. The parties consent to the personal jurisdiction of such courts and to the sole venue therein only for such purposes. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

15.) Governing Law

These Terms and the relationship between you and PreSend will be governed by the laws of the State of Delaware, USA, without giving effect to principles of conflict of laws of any jurisdiction. All parties to these terms of use waive their respective rights to a trial by jury.

16.) Indemnification

You shall indemnify, defend and hold harmless PreSend and its affiliates, service providers, licensors, and their respective officers, directors, employees, contractors and agents from and against any and all claims, actions, damages, obligations, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, costs of collection and other costs of defense, arising out of or relating to your (i) use of the Services or PreSend Materials, (ii) User Content, (iii) violation of these Terms, or (iv) violation of appliable laws.

17.) Notice

Any notices shall be given by email to you at the last known email address provided to PreSend and, in the case of PreSend, to [e-mail]. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.

18.) Miscellaneous

These Terms are personal to you. You will not assign or otherwise transfer any rights or obligations under these Terms without the prior written consent of PreSend. If any provision of these Terms is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. These Terms, the Privacy Policy, and the Copyright Policy constitute the entire agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior and contemporaneous agreements, whether oral or written, between us and you with respect to the same.