Harpie Terms and Conditions

Effective July 11, 2021.

Introduction

In these Harpie General Terms of Use (“Terms”), “Harpie”, "we" and "us" refers to Harpie Blockchain Solutions Inc. and we own and operate the website https://harpie.io/ ("the Site") which acts as a front-end to the cryptocurrency recovery service that Harpie provides. These Terms apply to you (“You”) as a user of the Site and Harpie front-end, including all the products, services, tools and information made available on the Site.

Please read these Terms carefully before using the Site. These Terms apply to any person accessing the Site and by using the Site you agree to be bound by them. If you don’t want to be bound by them, you should not access the Site. By using the Site in any capacity, you agree that you have read and understood these Terms.

Please read these Terms carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind the company or other legal entity to these Terms and you are at least 18 years old or the age of majority where you reside, whichever is older, can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.

You are advised to check these Terms periodically to familiarise yourself with any changes to the Terms. Harpie in its sole discretion, reserves the right to make changes to our terms of services. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.

Harpie will indicate on the Site of the changes to these Terms. You accept by doing so, we provide you with sufficient notice of such change.

Our Privacy Policy also applies to your use of the Site.

Access to the Site

Access to the Site is provided “as is” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.

We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole discretion.

We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g. you breach these Terms.

We may remove or amend the content of the Site at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the site.

As a condition to accessing or using the the Site, you:

  1. will ensure that all information that you provide on the Site is current, complete, and accurate;
  2. will maintain the security and confidentiality of access to your cryptocurrency wallet address

As a condition to accessing or using the Site or the Services, you will not:

  1. Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended.
  2. Use the Site for any purpose that is unlawful;
  3. Export, reexport, or transfer, directly or indirectly, any Harpie technology in violation of applicable export laws or regulations;
  4. Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;
  5. Misrepresent the truthfulness, sourcing or reliability of any content on the Site;
  6. Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or Harpie, or that could damage, disable, overburden, or impair the functioning of the Site or Harpie in any manner;
  7. Attempt to circumvent any content filtering techniques or security measures that Harpie employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
  8. Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract data;
  9. Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;
  10. Post content or communications on the Site that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  11. Post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Site; or
  12. Encourage or induce any third party to engage in any of the activities prohibited under these Terms.

You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:

  1. That any Smart Contracts you interact with are entirely your own responsibility and liability, and that Harpie is not party to the Smart Contracts.;
  2. The site and/or application may be suspended or terminated for any or no reason, which may limit your access to your cryptocurrency assets.

Accordingly, you expressly agree that:

  1. you assume all risk in connection with your access and use of the Site, the Application and the Smart Contracts;
  2. that you expressly waive and release Harpie from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Site, the Application or the Smart Contracts.

Ownership

Harpie interacts with Ethereum wallets (“Digital Wallets”) that can store a variety of tokens. Harpie specifically interacts with tokens that follow the ERC-20 protocol (“Digital Currency”). Title to Digital Currency shall at all times remain with you and shall not transfer to Harpie. As the owner of Digital Currency in your Digital Wallet, you shall bear all risk of loss of such Digital Currency. Harpie shall have no liability for Digital Currency fluctuations. None of the Digital Currencies in your Digital Wallet are the property of, or shall or may be loaned to, Harpie; Harpie does not represent or treat assets in User’s Digital Wallets as belonging to Harpie. Harpie may not grant a security interest in the Digital Currency held in your Digital Wallet. Harpie will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Wallet unless explicitly instructed by you. Harpie encrypts business-essential information using answers to your security questions (“Security Question Answers”) during the signup process. Harpie does not store or otherwise have access to your Security Question Answers. In no way can Harpie recover your Digital Currency without your Security Question Answers. Harpie shall not be liable for any loss of Digital Currency in your Digital Wallet due to loss or mishandling of your Security Question Answers.

Computer Viruses

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Harpie. Always log into your Harpie Account(s) through the Harpie Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

Limitation of Liability; No Warranty

IN NO EVENT SHALL HARPIE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE AMOUNT OF THE FEES PAID OVER THE ENTIRETY OF YOUR MONTHLY SUBSCRIPTIONS IN YOUR HARPIE ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE HARPIE SITE OR THE HARPIE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HARPIE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF HARPIE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT HARPIE HAS FAILED TO COMPLETE A CRYPTOCURRENCY RECOVERY THAT WAS REQUESTED, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE AMOUNT OF FEES PAID OVER THE ENTIRETY OF YOUR MONTHLY SUBSCRIPTIONS IN YOUR HARPIE ACCOUNT(S) AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE TOTAL AMOUNT OF FEES PAID OVER THE ENTIRETY OF YOUR MONTHLY SUBSCRIPTIONS IN YOUR HARPIE ACCOUNT(S) IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE HARPIE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARPIE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 

IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 9.3 are intended to apply only to the extent permitted under New Jersey law.

Entire Agreement

This Agreement and the Privacy Policy incorporated by reference herein comprise the entire understanding and agreement between you and Harpie 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 this Agreement), and every nature between and among you and Harpie. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

Force Majeure

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, 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, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.