Terms and Conditions
These terms and conditions are a contract between you ("you," "your" or "user") and QED4 Limited a private limited company incorporated in England and Wales ("QED4", "we", "us" or "our") and applies to your use of the RTWire website and all services described herein (collectively, the "RTWire Services" or "RTWire").
By signing up to use a RTWire Account through the RTWire website located at rtwire.com, the RTWire API, and/or any associated RTWire-hosted websites or mobile applications (collectively the "RTWire Service"), you agree to comply with and be legally bound by these terms and conditions. If you do not agree to any of the terms and conditions set forth in this document, or any subsequent modification to the document, you may not access or use any of the RTWire Services.
We may amend or modify these terms and conditions by posting on the RTWire Site or emailing to you the revisions. Any revision shall be effective immediately upon your express approval, or one month after the date of posting except where the changes and modifications are required by law or on the instruction of a competent governmental agency. By continuing to access or use the RTWire Services once the revised terms and conditions are effective, you agree to be bound by them. We may (a) modify or discontinue any portion of the RTWire Services, and (b) suspend or terminate your access to the RTWire Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the RTWire Services, or suspension or termination of your access to the RTWire Services, except to the extent otherwise expressly set forth herein.
To be eligible to use the RTWire Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity). By accessing or using the RTWire Services you represent and warrant that you are 18 or older. You may also be eligible to use the RTWire Services if you are at least 13 years old, but only if your parents provide express written consent. Parental consent for use of the RTWire Services by an individual who is at least 13 years old must be forwarded to [email protected]
Please note the following risks of using RTWire Services:
Once submitted to the Bitcoin network, a Bitcoin Transaction (defined below) will be unconfirmed for a period of time (usually less than one hour, but up to one day or more) pending sufficient confirmation of the transaction by the Bitcoin network and/or RTWire. A transaction is not complete while it is in a pending state. Bitcoin associated with transactions that are in a pending state will be designated accordingly, and will not be included in your RTWire Account balance or be available to conduct transactions.
The risk of loss in trading or holding bitcoin can be substantial. You should therefore carefully consider whether trading or holding bitcoin is suitable for you in light of your financial condition. In considering whether to trade or hold bitcoin, you should be aware that the price or value of bitcoin can change rapidly, decrease, and potentially even fall to zero.
Basic RTWire Service
Your RTWire service contains one or more hosted bitcoin accounts that allows users to store bitcoin private keys, and to track, transfer, and manage their bitcoin and account information and through which we can facilitate Bitcoin Transactions pursuant to instructions submitted by a user or authorized entity to us.
Creating A RTWire Account
- Registration of RTWire Account. In order to use any of the RTWire Services, you must first register by providing your name, an e-mail address, password, and affirming your acceptance of these Terms and Conditions. Upon successful completion of the registration process, QED4 will establish your RTWire Account. RTWire may, in our sole discretion, refuse to allow you to establish a RTWire Account, or limit the number of RTWire Accounts that a single user may establish and maintain at any time.
- Identity Verification. In order to use certain features of the RTWire Services, including certain transfers of bitcoin, you may be required to provide QED4 with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). QED4 may also require you to answer certain questions or take actions in order to verify your identity, provide the RTWire Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update QED4 if any information changes. You hereby authorize QED4 to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account or qualifying credit/debit cards (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
Sending and Receiving Bitcoin
- As part of the services offered in connection with your RTWire Account, QED4 can help you send bitcoin to third parties pursuant to instructions you provide through the RTWire Site (each such transaction is a "Bitcoin Transaction"). You may initiate a Bitcoin Transaction by going to the RTWire Site and entering the requisite information regarding the sender or recipient and the amount of bitcoin to be transferred. The RTWire Service will then communicate with the Bitcoin network on your behalf, as necessary, to facilitate each Bitcoin Transaction in accordance with these instructions.
- QED4 reserves the right to refuse to process or to cancel any pending Bitcoin Transaction as required by law or in response to a subpoena, court order, or other binding government order. The RTWire service cannot reverse a Bitcoin Transaction which has been communicated to and confirmed by the Bitcoin network.
- RTWire processes Bitcoin Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver or other party. You should verify all transaction information prior to submitting instructions to RTWire as the relevant Bitcoin Transaction may not be cancelled or reversed once initiated.
- If you initiate a Bitcoin Transaction by entering the recipient's bitcoin address, RTWire will confirm that the bitcoin address is valid; however, RTWire cannot confirm that the bitcoin address belongs to the intended recipient.
- Bitcoin Storage & Transmission Delays. RTWire securely stores 100% of all bitcoin private keys in our control in a combination of online and offline storage. As a result, it may be necessary for RTWire to retrieve this information from offline storage in order to facilitate a Bitcoin Transaction in accordance with your instructions, which may delay the initiation or crediting of such Bitcoin Transaction for 48 hours or more. As a user of the RTWire Services, you accept the risk that a Bitcoin Transaction facilitated by RTWire may be delayed and you agree not to hold RTWire responsible for any damages or injury arising out of or related to such delay.
Your Bitcoin Transactions
- Third Party Transactions. RTWire has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of RTWire Services). RTWire is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with bitcoin transferred using the RTWire Services, or if you have a dispute with such third party, you must handle it directly with that third party. Due to the nature of bitcoin, any Bitcoin Transaction conducted using the RTWire Services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Bitcoin Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify RTWire Support at [email protected] so that we may consider whether to take any action.
- Refunds. RTWire is not responsible for merchant refund policies.
- Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of bitcoin, and/or to the Bitcoin Transactions you conduct through the RTWire Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your RTWire Account.
- Limits. RTWire reserves the right to change the buy/sell, transfer, trading, storage and velocity limits applicable to your Bitcoin Account in our sole discretion. We may require you to provide us with information about yourself and/or your Bitcoin Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial recordkeeping and tax reporting.
- Advanced Protocols. We do not currently support metacoins, colored coins, or any advanced protocol which supplements the core Bitcoin Protocol. RTWire does not detect whether Bitcoin Transactions associated with your RTWire Account may involve any such protocol use. Do not use your RTWire Account to effect any instruction or transfer involving an advanced protocol. RTWire is not responsible for any loss which may result from such use.
General Use, Prohibited Use, and Termination
- Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the RTWire Site, and the content, materials, information and functionality available in connection therewith (collectively, the "Content") solely for informational, transactional, or other approved purposes as permitted by RTWire from time to time. Any other use of the RTWire Site or Content is expressly prohibited. All other rights in the RTWire Site or Content are reserved by us and our licensors. We reserve all rights in the RTWire Site and Content and you agree that these terms and condition do not grant you any rights in or licenses to the RTWire Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the RTWire Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the RTWire Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of these terms and conditions, your permission to access and use the RTWire Services may be terminated. In addition, we reserve the right to all remedies available at law and in equity for any such violation. "rtwire.com", "RTWire", and all logos related to the RTWire Services or displayed on the RTWire Site are either trademarks or registered marks of RTWire or its licensors. You may not copy, imitate or use them without RTWire's prior written consent.
- Website Accuracy. Although we intend to provide accurate and timely information on the RTWire Site, the RTWire Site (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 RTWire Site are your sole responsibility and we shall have no liability for such decisions.
- Third-Party Materials. From time to time, the RTWire Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the RTWire Site, including without limitation content, property, goods or services available on the linked sites or services.
- Third-Party Applications. If, to the extent permitted by RTWire from time to time, you grant express permission to a third party to access or connect to your RTWire Account, either through the third party's product or service or through the RTWire Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these terms and conditions. You are fully responsible for all acts or omissions of any third party using your RTWire Account credentials. Further, you acknowledge and agree that you will not hold RTWire responsible for, and will indemnify RTWire from, any liability arising out of or related to any act or omission of any third party using your RTWire Account credentials. You may change or remove permissions granted by you to third parties with respect to your RTWire Account at any time through the Credentials page on the RTWire Site.
- Fiduciary Accounts/Custodial Assets. You hereby certify to us that any funds used by you in connection with the RTWire Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that RTWire may not be a qualified custodian under applicable law, and represent that your use of the RTWire Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
- Prohibited Use. In connection with your use of the RTWire Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your RTWire Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use and/or a Prohibited Business.
- Export Controls & Sanctions. The supply of bitcoin and the RTWire Services through the RTWire Site is subject to international export controls and economic sanctions requirements. By acquiring any such items through the RTWire Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire bitcoin or any of the RTWire Services through the RTWire Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply the acquired bitcoin or RTWire Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
- Suspension, Termination, and Cancellation. QED4 may: (a) suspend, restrict, or terminate your access to any or all of the RTWire Services, and/or (b) deactivate or cancel your RTWire Account if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- We reasonably suspect you of using your RTWire Account in connection with Prohibited Business or Prohibited Use; or
- Use of your RTWire 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
- Our service partners are unable to support your use; or
- You take any action that RTWire deems as circumventing RTWire's controls, including, but not limited to, opening multiple RTWire Accounts or abusing promotions which RTWire may offer from time to time.
You will be permitted to transfer bitcoin or funds associated with your Bitcoin Account(s) for ninety (90) days after Account deactivation or cancelation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a facially valid subpoena or court order. You may cancel your RTWire Account at any time by transferring or exchanging all bitcoin associated with you.
You will not be charged for canceling your RTWire Account and will only be required to pay for those RTWire Services used that are subject to charges. If any transaction is in a pending state at the time your RTWire Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your RTWire Account to evade an investigation or avoid paying any amounts otherwise due to RTWire. In the event that you or RTWire terminates this Agreement or your access to the RTWire Services, or deactivates or cancels your RTWire Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, RTWire may temporarily suspend access to your RTWire until the problem is resolved.
Our Relationship With You
- Relationship of the Parties. RTWire is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and RTWire to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or RTWire to be treated as the agent of the other.
- Service Providers. From time to time, RTWire may engage third parties to assist RTWire in providing certain aspects of the RTWire Services (each, a "Service Provider"). Service Providers may include, but are not limited to, RTWire's banking partners and technology or engineering service providers.
- Privacy of Others; Marketing. If you receive information about another user through the RTWire Services, you must keep the information confidential and only use it in connection with the RTWire Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the RTWire Services.
- Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the RTWire Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your RTWire Account by third-parties and the loss or theft of any bitcoin held in your RTWire Account. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your RTWire Account information has been compromised, contact RTWire Support immediately at [email protected]
- Consent to Electronic Records. By using the RTWire Services, you agree that QED4 may provide you with any notices or other communications about your RTWire Account and the RTWire Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the RTWire Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your RTWire Account and your RTWire Account will be cancelled.
- Notices to QED4. We prefer receiving notices to QED4 electronically through our support system at [email protected] Paper notifications can also be sent to RTWire, QED4 Limited, 3 Buckingham Court, Rectory Lane, Loughton, Essex IG10 2QZ.
- Limitations of Liability. (A) IN NO EVENT SHALL QED4, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RTWIRE SITE, THE RTWIRE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.1(A) WITH RESPECT TO CONSUMERS, SECTION 9.1(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
- Sanctions Compliance. Pursuant to the economic sanctions programs administered in the countries where QED4 conducts business, QED4 is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that QED4 is required to block assets associated with your RTWire Account in accordance with a sanctions program, or other similar government sanctions programs, QED4 may (i) deactivate or cancel your Bitcoin Accounts(s) or block user activity, (ii) transfer bitcoin or funds from your Bitcoin Accounts(s) to an originating source or to an account specified by authorities, or (iii) require you to transfer or withdraw your bitcoin within a certain period of time. QED4 is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
- Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware 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 RTWire. Always log into your RTWire Account through the RTWire Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
- Release of QED4. If you have a dispute with one or more users of the RTWire services, to the extent permitted by law, you release QED4, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- No Warranty. (A) THE RTWIRE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. QED4 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QED4 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE RTWIRE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE RTWIRE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE BITCOIN MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF BITCOIN AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF BITCOIN, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF BITCOIN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING BITCOIN, EVEN IF THE RTWIRE SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, QED4 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE RTWIRE SERVICES OR ANY MATERIALS CONTAINED THEREIN.
(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION A WITH RESPECT TO CONSUMERS, SECTION A ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
- Indemnification. You agree to indemnify and hold QED4, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of RTWire Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
- Entire Terms and Conditions. These terms and conditions sets forth the entire understanding and agreement between you and QED4 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 conditions), and every nature between and among you and QED4.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by QED4 without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the RTWire Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these terms and conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Severability. If any provision of these terms and conditions 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 and conditions shall not be affected.
- Change of Control. In the event that QED4 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.
- Survival. All provisions of these terms and conditions which by their nature extend beyond the expiration or termination of this, including, without limitation, sections pertaining to suspension or termination, RTWire Account cancellation, debts owed to RTWire, general use of the RTWire Site, disputes with QED4, and general provisions, shall survive the termination or expiration of this Agreement.
- Governing Law and Jurisdiction. This Agreement will be governed by English law except that for residents of Scotland and Northern Ireland any consumer protection granted under Scots law or Northern Irish law (as applicable) that exceeds those under English law will still apply for your protection. Subject to Section 8.4 and article 16 of the Council Regulation (EC) No 44/2001, this Agreement is subject to the jurisdiction of the English courts and, if you are resident in Scotland or Northern Ireland, the Scottish courts or the Northern Irish courts (as applicable) for the purpose of hearing and determining any dispute arising out of or in connection with this Agreement or its formation or validity.
- Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
- English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. 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.
Prohibited Businesses and Prohibited Use
The following categories of businesses, business practices, and sale items are barred from RTWire Services ("Prohibited Businesses"). By opening a RTWire Account, you confirm that you will not use RTWire Services to accept payments in connection with the following businesses, activities, practices, or items:
- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler's checks, and escrow services
- Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
- Stolen goods
- Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
- Gambling, except where permitted by QED4
- Sports forecasting or odds making except where permitted by QED4
- Prostitution or illegal escort services
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Funding any of the items included on this Prohibited Businesses list
- Extortion, blackmail, or efforts to induce unearned payments
- Unlicensed sale of firearms and certain weapons
- Engaging in deceptive marketing practices
- Any business that violates any law, statute, ordinance or regulation
You may not use your RTWire Account to engage in the following categories of activity ("Prohibited Use"). By opening a RTWire Account, you confirm that you will not use your Account to do any of the following:
- Violate or assist any party in violating any law, statute, ordinance, regulation, or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections);
- Partake in a transaction which involves the proceeds of any unlawful activity;
- Partake in any transaction involving online gambling except where permitted by RTWire;
- Defraud or attempt to defraud QED4 or other QED4 users;
- Infringe upon QED4's or any third party's copyright, patent, trademark, or intellectual property rights;
- Provide false, inaccurate, or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Interfere with another individual's or entity's access to or use of any of the RTWire Services;
- Defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute, or disseminate any unlawful material or information;
- Transmit or upload any material to the RTWire Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Harvest or otherwise collect information from the RTWire Site about others, including without limitation email addresses, without proper consent;
- Act as a payment intermediary or aggregator or otherwise resell any of the RTWire Services, unless expressly authorized by QED4 in writing;
- Transfer any rights granted to you under these terms and conditions;
- Use the RTWire Account information of another party to access or use the RTWire Site;
- Otherwise attempt to gain unauthorized access to the RTWire Site, other RTWire Accounts, computer systems or networks connected to the RTWire Site, through password mining or any other means; or
- Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
Activities Subject to Additional Restrictions
Activities Subject to Additional Restrictions. QED4 may require you to complete enhanced on-boarding procedures and/or restrict your use of RTWire if you would like to create/offer an Application which is designed for or results in any of the following:
- Providing International Remittance Services. Any Application which involves a service that provides for: (i) an international (cross border) transfer of funds from a sender to a recipient, (ii) without an underlying sale or other bona fide commercial purpose for the transfer.
- Providing Banking or Other Licensed Financial Services. Any Application which either holds money for eventual payment or which offers or provides credit, either directly or as a broker or arranger between third parties, or any Application that would require licensing as a bank, money services business, or other financial service provider, or as an escrow service in the jurisdiction where the service’s users reside.
- Providing Gambling Services. Any Application which involves the payment of funds in exchange for the chance to win a prize.
- Providing Virtual Currency Exchange Services. Any Application which involves a business engaged in the exchange of virtual currency for real currency, funds, or other virtual currency and which accepts and transmits a convertible virtual currency or buys or sells convertible virtual currency for any reason.
API Calls and Compliance
The RTWire service may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, we may moderate your activity or cease offering you access to the RTWire's APIs altogether in RTWire's sole discretion. You agree to such limitations and will not attempt to circumvent such limitations. RTWire may immediately suspend or terminate your access to your API if it believes, in its sole discretion, that you are in violation of this Agreement.
Security and Privacy
Security. You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Application, including without limitation any personally identifiable information (“PII”), from unauthorized access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you shall notify QED4 promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by QED4 resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any RTWire services or any authorized or unauthorized use of your Application.
6.3. Data Use. You will not sell any Customer Data or disclose any Customer Data to any third party. Your Application may use Customer Data only as required for use and access to your Application by the end user to whom such Customer Data relates. You shall not sublicense the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth herein. Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Application or transmit all or part of the Customer Data to any third party for any use separate from your Application. Any use of Customer Data other than as expressly permitted by this Agreement is strictly prohibited.