Binomial Pte. Ltd. Terms of Service

Last Updated: October 31, 2024

Please read these Terms of Service (these “Terms”) carefully before you start to use this website. The website https://binomial.fi (the “Site”), is owned by Binomial Pte. Ltd. (together with its subsidiaries and affiliates, or the “Company” or “we” or “us” or “our”). The Company provides the Site to you (the “user” or “you” or “your”) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of the date indicated above. This version of these Terms replaces and supersedes any prior terms of service applicable to the Site. You may use the Site for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Site.

1. Binding Effect.

These Terms constitute a legally binding agreement between you and the Company. By using the Site, you represent and warrant that you: (1) have read and understood these Terms; (2) are 18 years of age or older; (3) are not be located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (4) accept these Terms and agree that you are legally bound by them. Your use of the Site manifests your agreement to be bound by these Terms each time you access the Site. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE OR ACCESS THE SITE

2. General Use, License, and Termination.

The Company grants you a personal, limited, nonexclusive, non-assignable, nontransferable, and revocable license (without the right to sublicense) to make use of the Site, regardless of the medium by which the Site is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Site for your own personal use only. This license does not include any rights not specifically enumerated herein.

You acknowledge that your use of the Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Site. Following termination of this license, these Terms shall apply to the extent practicable.

3. Prohibited Conduct and Activities.

Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, reselling, creating derivative works from, or offer for sale any information contained on, or obtained from or through, the Site or any of the content on the Site, except for temporary files that are automatically cached by your web browser for display purposes or as otherwise expressly permitted in these Terms; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Site; (c) duplicating, decoding, reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Site’s listings or content; (e) circumventing or attempting to circumvent the security of the Site; (f) interfering or attempting to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Site; (h) attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through automation software (bots), modifications (mods), hacking, cracking, mining, phishing, any other unauthorized third-party software, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Site, except as authorized by the Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site; (k) using reports, content, electronic documentation, or other materials available on the Site to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts the Company’s users to a third party; (m) making commercial use of the Site or any of its content including without limitation communicating or facilitating any commercial advertisement or solicitation; (n) using the Site to stalk, harass, bully, or harm another person; (o) violate any other applicable law or regulation in connection with your access to or use of the Site; or (p) access or use the Site in any way not expressly permitted by these Terms.

4. Submission of Content.

The Company disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Site. The opinions expressed in postings or other Content on the Site may not represent the views or opinions of the Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Site is provided “as is.” You understand that by using the Site, you may be exposed to user Content and third-party Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. You should be aware that your use of and reliance on Content is at your own risk.

5. Intellectual Property Rights.

Unless otherwise noted, all content provided on the Site, including their “look and feel” (e.g., text, images, illustrations, designs, icons, photographs, video clips, and other material) is the property of the Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Site is either the property of the Company or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of the Company and is protected by both the United States and international copyright laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Site and its content, including, without limitation, the exclusive right to create derivative works.

The trademarks, logos, and service marks displayed on the Site are owned by the Company and other third parties, and the Site’s trade dress is owned by the Company. All trademarks not owned by the Company are the property of their respective owners, and, where used by the Company, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. The Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with the Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Site.

Some products and processes offered on the Site may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Any and all products or processes on the Site are either the property of the Company or are used by us with the permission of the respective owner. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Site.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site, including any copyrighted, patented, or trademarked content. You may only use the materials and content on the Site as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Site have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

1. identification of the copyrighted work that is claimed to be infringed;

2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site;

3. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;

5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by e-mail to Binomial Pte. Ltd. at info@binomial.fi. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.¹

A user of the Site who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

6. Forward-Looking Statements.

All statements contained herein, statements made in press releases, or in any place accessible by the public and oral statements that may be made by the Company, may constitute forward-looking statements (including statements regarding intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions, and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in a whitepaper, and the Company expressly disclaim any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.

7. Correction of Errors and Inaccuracies; Limitations on Services.

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We are not responsible for typographical or other errors or omissions regarding products, currency prices or other information provided on the Site. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, currency pricing, and availability. The Company also reserves the right to limit the scope of services (including after you have submitted your request). The Company apologizes for any inconvenience this may cause you.

8. Enforcement.

You acknowledge that your use of the Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, block or prevent future access to and use of the Site, suspend use of the service, terminate any user’s account, and alter or delete any material submitted to the Site through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.

The Company reserves the right, but does not have the obligation, to investigate any suspected violation of these Terms or any misuse of the Site or to review, monitor, delete, or edit the Site, including user Content at its sole discretion for any reason or no reason, with or without notice. The Company shall not be liable for any alteration or deletion of any Content.

You acknowledge, consent, and agree that the Company may access, preserve, and disclose any inappropriate conduct, your account information, content you submit, or any other information related to the Site if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process initiated by law enforcement authorities, financial regulators, or any other legal authority; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Company, its affiliates, personnel, other users, and the public.

9. Links to Third Party Services.

The Site may contain links to third-party websites, content, data, information, applications, materials, or other resources (“Third-Party Materials”), which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. The Company does not endorse or recommend any Third-Party Materials, the use of any provider of any Third-Party Material, or the delegation of any assets to any third parties. The Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, security, or any other aspect of such Third-Party Materials, services, or websites. The Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources. For your protection, please refer to the terms of service and privacy policies of those respective websites.

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF, OR RELIANCE ON, ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH OTHER WEBSITES. THE COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH OTHER WEBSITES, OR FOR ANY ACTIONS TAKEN OR NOT TAKEN IN RELIANCE THEREON. THE LINKS ARE PROVIDED “AS IS” AND USE OF SUCH LINKS IS AT YOUR OWN RISK. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO ANY THIRD-PARTY MATERIALS OR SERVICES.

10. Disclaimer of Warranties.

THE COMPANY IS ACTING SOLELY AS AN ARMS’ LENGTH THIRD PARTY IN RELATION TO THE COMPANY AND NOT IN THE CAPACITY AS A FINANCIAL ADVISER OR FIDUCIARY OF ANY PERSON. NOTHING ON OR IN THE SITE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR ANY FINANCIAL INSTRUMENT OR AS LEGAL OR INVESTMENT ADVICE OR RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY, SECURITY OR INSTRUMENT) BY THE COMPANY OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY THE COMPANY. INFORMATION ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO INFORMATION ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY, OR GROUP OF INDIVIDUALS. THE COMPANY EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY, OR OTHER INTEREST. THE COMPANY DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. INFORMATION ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL PRODUCT OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE COMPANY.

NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED, WHETHER FORMALLY OR INFORMALLY, OF ANY OF THE INFORMATION SET OUT IN THE SITE. NO SUCH ACTION OR ASSURANCE HAS BEEN OR WILL BE TAKEN UNDER THE LAWS, REGULATORY REQUIREMENTS, OR RULES OF ANY JURISDICTION. THE PUBLICATION, DISTRIBUTION OR DISSEMINATION OF INFORMATION ON THE SITE DOES NOT IMPLY THAT THE APPLICABLE LAWS, REGULATORY REQUIREMENTS, OR RULES HAVE BEEN COMPLIED WITH.

INFORMATION ACCESSIBLE THROUGH THE SITE (INCLUDING ANY CONTENT OR WHITEPAPERS) IS PROVIDED STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE, AND DOES NOT CONSTITUTE A PROSPECTUS, AN OFFER DOCUMENT, AN OFFER OF SECURITIES, A SOLICITATION FOR INVESTMENT, OR ANY OFFER TO SELL ANY PRODUCT, ITEM OR ASSET (WHETHER DIGITAL OR OTHERWISE). THE SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF, AND RELIANCE ON, THE SITE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THE SITE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND THE COMPANY, OR ANOTHER USER OF THE SITE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.

THE SITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY THE COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND THE COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.

11. Limitation of Liability.

NEITHER THE COMPANY NOR ANY OF THE COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SITE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON THE COMPANY’S COMPUTERS AND/OR SERVERS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE COMPANY’S SITE AND ASSOCIATED SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY TO ACCESS THE SERVICE WITHIN THE PRECEDING THREE (3) MONTHS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnification and Remedies.

By entering into these Terms and accessing or using the Site, you agree to indemnify, defend, and hold harmless the Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Site; (b) your violation of applicable law; (c) your violation or breach of any provision of these Terms or any warranty provided hereunder; (d) your misuse of the Site; or (e) your negligence or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, do not agree with any part of these Terms, or have any other dispute or claim with or against the Company with respect to these Terms or the Site, your sole and exclusive remedy is to discontinue using the Site.

13. Choice of Law and Venue.

The laws of the State of Delaware shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Site, whether at law or in equity, must be brought in the state or federal courts located in New Castle County, Delaware, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.

14. Export Control.

You acknowledge that the products, software, and technical information (including, but not limited to, services and training) provided by the Company under these Terms are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such products, software, and technical information must be authorized under those laws. You agree that you will not use, distribute, transfer or transmit the products, software or technical information (even if incorporated into other products) within the Site except in compliance with export Laws. If requested by the Company, you agree to sign all necessary export-related documents as may be required to comply with export laws.

In particular, but without limitation, the services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using this Site, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

15. General Terms.

These Terms, including any documents referenced herein, represents the entire understanding between you and the Company regarding your relationship with the Company and use of the Site, and supersedes all other agreements, express or implied, written or oral, between you and the Company. The Site and these Terms may be translated into a language other than English for reference purpose only. In the event of conflict or ambiguity between the English language version and translated versions of the Site or these Terms, the English language versions shall prevail. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of the Company. The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.

If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. The Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, the Company has available all remedies at law or equity to enforce these Terms.

The relationship between you and the Company is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between you and the Company, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

The Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. You shall not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and the Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

16. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, cyber-attacks, critical security incidents, blockchain malfunctions, and other similar events beyond our control.

17. Privacy Policy.

The Company respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Site, to understand the Company’s privacy practices. By visiting or using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at: https://binomial.fi/privacy-policy

18. Severability.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

19. Changes to these Terms.

We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Site. Your continued use of the Site following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Site. If you do not agree to these revised Terms of Service, do not access or use the Site.

20. Notices.

Where required, the Company may give notice to you by a general posting in the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to the Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with the Company, please contact us at: info@binomial.fi.