Fibo

Terms and Conditions

Fibo Terms of Service

Last Updated: March 23, 2023

Welcome to Fibo! Thank you for using our products and services (the “Services”). The Services are provided by Fibo Technology Inc. and its affiliates (together, the “Company”, “Fibo”, “we” or “us”). When you use our Services, you are also agreeing to these terms of service (the “Terms of Service”). Please read and review these Terms of Service carefully.

These Terms of Service govern your access to and use of Fibo’s Services at fibo.finance and its associated domains and subdomains (the “Website”), as well as the information and materials on the Website or otherwise generated by Fibo (collectively, the “Content”). You may browse the Website without creating an account as a user (a “User”). As a condition to use certain aspects of the Website and Services, you are required to register by creating an account (the “Account”) and become a customer (a “Customer”). By registering as a Customer on the Website, including its associated domains or subdomains, or by using or relying on our Services or Content, you are entering into a legally binding agreement with Fibo Technologies Inc. By accessing or using this Website, our Services or our Content, you agree that you have read, understand, and accept these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our Website, which are hereby incorporated by reference. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, OUR SERVICES OR OUR CONTENT.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FIBO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Customer Accounts

Users may access the Website without registering an Account; however, Users are granted limited access to the Website and the Services. Customers are granted full Customer access to the Website and the Services. When you create an Account, you affirm that all information provided is true, accurate, current, and complete. You agree to update any information, as needed, to ensure that the information we have on file is accurate, complete, and current. You understand that providing false information to create an Account may result in suspension and/or termination of your Account. You further understand that providing false information may result in civil and/or criminal legal action against you. Fibo reserves the right, in its sole discretion, to refuse to accept your registration of an Account for any reason and at any time.

When you create an Account as a Customer, you will create a user identification name and a password (“Credentials”). You are responsible for maintaining the confidentiality of your Credentials, and you are responsible for all activities that occur under your Credentials. You agree to immediately notify Fibo at support@fibo.finance of any unauthorized use of your Credentials or any other breach of security. Fibo will not be liable for any loss or damage caused by any unauthorized use of your Account.

To participate in an Offering (as defined below), you understand you must be a Customer and have successfully created an Account, which will involve certain procedures to verify that you may lawfully participate in an Offering. During the onboarding process for your account, you may be asked to provide certain documentation and other forms of identity verification as well as financial information to determine whether you qualify as an accredited investor within the meaning of Rule 501(a) of Regulation D, promulgated under the Securities Act of 1933, as amended (the “Securities Act”).

Payment Provider

In order to use the ACH payment functionality of Fibo's application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize Fibo to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through Fibo's application, and Dwolla account notifications will be sent by Fibo, not Dwolla. Fibo will provide customer support for your Dwolla Account activity, and can be reached at https://fibo.finance and/or support@fibo.finance.

Terms of Restrictions on Access and Use

You expressly represent, warrant, and agree to the following:

  • If you are an individual, you are of legal age under the laws of the jurisdiction where you reside and are authorized to agree to these Terms of Service.

  • If an entity, you are duly formed, validly existing and in good standing in your jurisdiction of organization, have full power and authority to enter and perform this Agreement, and the persons signing the Agreement are fully authorized to act on your behalf and are authorized to agree to these Terms of Service.

  • You are using your real name and personal identity, the real name and identity of any organization or entity, or the real name and identity of your client and not impersonating another person, a fictitious person, or an avatar.

  • All of the information, forms, documents, or other material you submit are true and accurate to the best of your knowledge.

  • You will maintain and update any information provided to keep it true, accurate, current, complete and not misleading.

  • You agree to take full responsibility for any consequences stemming from your providing any untrue, inaccurate, incomplete or misleading information and agree that Fibo did not willfully aid, abet or facilitate the publication of any such information.

  • You understand that Fibo Technology Inc. is neither a broker-dealer registered with the Securities and Exchange Commission (“SEC”) nor a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”) and does not provide investment advisory services, brokerage services, or other financial services.

  • You further understand that Fibo Technology Inc. is a technology provider and operates the Website.

In order to maintain access to the Website you must remain in full compliance with these Terms of Service.

You may utilize the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

  • in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);

  • for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII (as defined in the Privacy Policy), or otherwise;

  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service;

  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, except as expressly permitted on the Website; to impersonate or attempt to impersonate Fibo, an employee of Fibo, another user or any other person or entity;

  • or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Fibo or users of the Website or expose them to liability.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the Website;

  • use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Website for any purpose;

  • use any device, software or routine that interferes with the proper working of the Website or our software;

  • introduce any viruses, trojan horses, worms, logic bombs or other malicious or harmful material;

  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer or database connected to the Website;

  • attack the Website via any denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website or our software.

Referral Program

Subject at all times to these Terms of Service and any agreement you enter into with Fibo and/or any Service Provider (as defined below), Fibo offers a referral program (the “Referral Program”), whereby Customers in good standing (“Referring Customers”) are rewarded a cash reward (“Reward”) for referring a Customer that is not a current or past Customer of Fibo (a “Referred Customer”). The amount, nature, and value of Rewards will be posted on the Website and will be subject to change from time to time in Fibo’s sole discretion. In order for a Referring Customer to earn a Reward in connection with a particular referral: (1) the Referring Customer must share its unique referral link (the “Referral Link”) with potential Referred Customers; (2) the Referred Customer must use the Referral Link to create an Account with Fibo; and (3) the Referred Customer Account must be approved by Fibo. Use of the Referral Link will allow Fibo to track and appropriately identify earned Rewards.

Rewards shall generally be in the form of USD Coin (“USDC”), a digital asset with a value pegged to the U.S. dollar, or in any other form, subject to applicable law, as determined by Fibo in its sole discretion. Referring Customers will earn a Reward per Referred Customer that successfully opens and is approved for an Account with Fibo. Once earned, Rewards will be transferred to Referring Customers’ Wallets (as defined in these Terms of Service) or in any other method of delivery determined by Fibo in its sole discretion, within approximately ten (10) days, though this timeline may be changed in Fibo’s sole discretion. Total aggregate Rewards a Referring Customer can earn may not exceed $599 per individual, per calendar year.

Fibo reserves the right to withhold, delay, or void any Reward for suspected fraud or noncompliance with these Terms of Service or your agreement with Fibo and/or any applicable Service Provider. If you believe your Rewards are being withheld in error, you may contact Fibo at support@fibo.finance. Fibo’s decision with respect to any dispute regarding Rewards shall be final. Any fraud or non-compliance discovered by Fibo may result in Fibo suspending or terminating your Account, restricting access and use of the Fibo website, and/or any other remedies available to Fibo under applicable law and/or under any agreement that you have entered into with Fibo and/or any Service Provider. Neither Fibo nor any Service Provider shall be responsible for lost or stolen Rewards or for Rewards delivered to you due to the your failure to keep your Account information accurate, current, and complete.

Upon closure of Customer’s Account, any Rewards earned which have either (i) not been claimed by Customer or (ii) have not been credited to Customer before such Account closure, will be forfeited in their entirety.

Fibo reserves the right to change the Referral Program terms or terminate the Referral Program at any time without notice. No portion of the Referral Program or Rewards are transferable, saleable, or valid in conjunction with certain other offers. Employees, contractors, or persons similarly associated with Fibo; members of their household; and employees of any securities regulatory organization or exchange are not eligible to participate in the Referral Program. You understand that Fibo may decline or refuse to open a Referred Customer’s Account for any reason in its sole discretion. Participation in the Referral Program is limited exclusively for Customer personal use and may not be used for commercial purposes. The Referral Program is not targeted towards, nor intended or permitted for use by, anyone under the age of 18. Other restrictions may apply.

Receipt of a Reward through this Referral Program does not constitute a solicitation of the security, or recommendation to buy, sell, or hold the security, or investment advice. Consult with your tax advisor about the appropriate tax treatment for this offer and any tax implications associated with receipt of a Reward before enrolling. The value of all Rewards received may be reported to relevant taxing authorities as taxable income to you, including as Other Income on a Form 1099-MISC, where required by applicable law. Fibo does not take responsibility for any tax related to Rewards.

Intellectual Property

Fibo and/or its suppliers retain all right, title, and interest (including all copyright, trade secret, patent, and other rights) in and to the Website and Content. If you give feedback on the Website, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Website without compensation to you. We reserve all rights in and to the Website unless we expressly state otherwise. The Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Content, contained on the Website is either owned, controlled, or licensed by Fibo or otherwise being utilized under “fair use” exceptions to trademark law, and is protected by trade dress, copyright, patent and trademark laws, and other various intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Service, no part of the Website and no Content maybe be copied, reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Fibo’s express written consent.

You may download publicly-available Content on this Website only for your personal, non-commercial use, provided that: (i) you keep intact all copyright and other proprietary notices; and (ii) if your copying or use of copyrighted materials on this Website is other than “fair use” under federal copyright laws, you must seek permission directly from us.

Your access to and use of this Website, the Services and the Content may be terminated by us in our sole discretion and at any time without notice. Further, we may discontinue, block, or suspend your ability to access the Website, the Services and the Content at any time, for any reason or for no reason. Without limiting the foregoing, Fibo may do so should it determine (at its sole discretion, which shall not be subject to review) that you have violated these Terms of Service or the Privacy Policy, or otherwise engaged in actions that are inappropriate, offensive or detrimental to Fibo or anyone else.

As an Account holder, you are free to terminate your access to the Website, the Services and the Content at any time by submitting a written request to delete your Account or using any features on the Website Fibo provides to do so.

Modifications and Changes

Fibo reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes and you agree to periodically check the Website for any updates to these Terms of Service. Your continued use of the Website, our Services or our Content following the posting of changes will mean that you accept and agree to the changes. In order to be granted and maintain access to enter and use the Website, you must be in full compliance with these Terms of Service. During this time, Fibo shall grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. If at any time you do not agree with these Terms of Service or Privacy Policy, do not use or continue to use the Website, our Content or our Services.

Securities-Related Services

Fibo operates the Website, which provides the Services and other online tools for investors and issuers in connection with the offering and sale of private securities (“Offering(s)”). From time-to-time, Fibo will make certain Offerings available to view on the Website by affiliated and unaffiliated issuers (“Issuers”). The securities offered by these Issuers have not been registered under the Securities Act in reliance on Rule 506(c) of Regulation D promulgated thereunder. Neither the SEC nor any other state securities and/or other regulatory agency have not approved, passed upon, or endorsed the merits of any Offering available through the Website.

You understand that whether you may participate in an Offering is in the sole discretion of the Issuer and Fibo shall not have any role in determining your eligibility to invest or otherwise participate in an Offering.

Fibo, as a technology service provider, helps facilitate these sorts of information transmittals between the you and the Issuer(s) (each a “Party,” and collectively, the “Parties”) for the purpose of determining eligibility for a particular transaction. These communications do not involve the actual transfer of securities, but the Parties may use the Website and the Services to, among other things, help complete financial transactions (the “Transactions”), including for securities of private companies (the “Securities”), more efficiently. As a part of these communications, regardless if used in any Transaction, you may be asked to represent and warrant your status or qualifications as an investor. You may also be asked to upload certain identifying, tax, brokerage, financial, liability or other information or to permit Fibo to request such information from a third-party. You understand and agree that Parties may rely on these representations (if made) to establish that a particular financial transaction is permissible and that, if applicable, the sale of securities falls under an applicable exemption from registration. You hereby consent to reliance by any Party on representations made via the Website. To the extent you do not fall into the definition of a Party above, but wish to examine the Website as a student, researcher, scholar, analyst, journalist, auditor, investigator, private equity broker, as an advisor to security-holders and investors, or in some other role, your access to certain Website and Service functionality will be limited or blocked.

Neither Fibo nor any of its affiliates provide any investment advice or make any investment recommendations to any persons, ever, and no communication through this website or in any other medium should be construed as such. This Website is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject Fibo to any registration or licensing requirement within such jurisdiction.

Fibo Technologies Inc. is not an SEC registered broker-dealer, funding portal, investment adviser, or investment manager, or a member of FINRA, and does not offer investment advice or advise on the raising of capital through securities offerings, nor does it solicit, broker, close, or otherwise participate in any Transactions. Fibo does not recommend or otherwise suggest that any person or entity participate in any Transaction, which such participation shall be entirely at each such participant’s own risk.

Use of Third-Party Wallet Software and/or Hardware

The Offerings available to view on the website offer securities that are represented by cryptographic digital tokens which are built on top of the Ethereum blockchain network meeting the ERC-20 token standard (“Tokens”).

In connection with an Offering, you may be required to link your compatible digital asset wallet (“Wallet”) with the Website prior to purchasing the Tokens. By connecting your Wallet with the Website, you agreed that you are using your Wallet pursuant to and in compliance with the terms and conditions of the applicable third-party service provider of your Wallet. Your Wallet is not operated by, maintained by, or affiliated with Fibo and Fibo does not have custody or control over the digital assets held in your Wallet. As a result, Fibo does not have the ability to retrieve or transfer the digital assets held in your Wallet and is generally unable to reverse any lost or erroneously sent digital assets.

Fibo does not accept any responsibility for, or accept any liability to you, in connection with your use of your Wallet. You are solely responsible for keeping your Wallet secure and preventing unauthorized use of your Wallet. You are solely responsible for your Account in which your Wallet is connected to. Fibo is not liable for any acts or omissions made by you in connection with your Account or as a result of your Account or Wallet being compromised. You agree to immediately notify us if you discover or suspect that your Account and/or Wallet has been compromised.

Third-Party Service Providers and Content

As part of the Services, Fibo has engaged several third-party and affiliated service providers (“Service Providers”) to provide you with certain applications, content, products, and/or other services to you. These Service Providers may have their own terms and conditions, privacy policies, and other applicable agreements (“Third-Party Agreements”) associated with your use of their services that govern your use of their services and will be governed by such Third-Party Agreements. You understand and agree that Fibo may or may not control, endorse and is not responsible for the content, availability, or performance of these Service Providers.

This Website may include links to third-party sites, such as investment platforms, social media and file-sharing sites. When you access these sites, you are subject to third-party terms of use and privacy/security policies, which we recommend that you review. We are not responsible for the accuracy, completeness, legality, practices, or availability of linked sites (including any related services, content, software applications, and other technologies). In addition, we are not responsible for any interruption of services, malfunctions, or security breaches involving these third-party sites. References or links in this Website to any commercial products or services, or the use of any trade, firm or corporation name do not constitute endorsement by Fibo.

Digital Millennium Copyright Act

Fibo respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or Customer Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

  • Name:

  • Address:

  • Email:

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

You are responsible for all content that you transmit or otherwise make available to this Website. Your access to and use of this Website may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.

All personally identifiable information collected from you is governed by our Privacy Policy.

Indemnification

By entering into these Terms of Service and using the Services or the Content, you agree that you shall defend, indemnify and hold Fibo, its licensees and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your violation or breach of any part of these Terms of Service or any applicable law or regulation (including securities laws and/or regulations), whether or not referenced herein. This indemnification obligation will survive the termination of these Terms of Service.

No Warranties and Limitation of Liability

THIS WEBSITE, ANY ASSOCIATED SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND MAY BE SUBJECT TO ERRORS, INACCURACIES OR OMISSIONS.

THE WEBSITE, CONTENT, AND THE CUSTOMER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE APP, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO WEBSITE. THE CONTENT AND THE CUSTOMER CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE WEBSITE OR CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE OR CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE OR CONTENT AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE CONTENT, ANY CUSTOMER CONTENT, OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE CONTENT, ANY CUSTOMER CONTENT, OR OTHERWISE RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Dispute Resolution

The Terms of Service shall be governed by New York law and subject to the exclusive jurisdiction of the state and federal courts located in the City and County of New York, New York, without regard to the choice or conflicts of law provisions of any jurisdiction. All claims arising from use of the Website will be exclusively resolved by binding arbitration. You understand that by requiring arbitration, neither party will have the right to sue in court or have a jury trial.

Arbitration will take place in New York, New York, and will be conducted under the Commercial Arbitration Rules of the American Arbitration Association, which are available at www.adr.org. The parties shall maintain the confidential nature of the arbitration proceeding and of any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Arbitration shall be conducted under the auspices of FINRA to the extent it may have authority over the parties and issues in dispute. To the extent any portion of this dispute resolution procedure conflicts with the rules of FINRA, as then in effect, such FINRA rules shall prevail.

Except as otherwise provided in the Terms of Service, you and Fibo may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

You and Fibo agree that any arbitration will be limited to the dispute between Fibo and you. You acknowledge and agree that you and Fibo are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Fibo otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

Each party retains the right to bring an individual action in small claims court with respect to matters within the jurisdiction thereof, or to seek injunctive or other equitable relief on an individual basis in a federal or state court in New York, New York, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

The foregoing venue, choice of law, and jurisdiction provisions shall not apply to any matters that are subject to separate agreements between you and Fibo or its affiliates (including without limitation Broker engagement agreements, nondisclosure agreements, and any transaction documents).

Electronic Signature and Communication Consent

Unless otherwise arranged, we will provide and receive certain communications in connection with the Services, exclusively in electronic form. These communications include, but are not limited to, (1) agreements and policies required to use the Services, (2) transaction documents, (3) disclosures, notices, elections, waivers, and consents (4) payment authorizations and transaction receipts or confirmations, (5) account statements and history and (6) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.

Your agreement to these Terms of Service confirms your ability and consent to receive communications electronically from Fibo, rather than in paper form, and to the use of electronic signatures in our relationship with you.

If you choose to opt out or withdraw your consent, please make arrangements by contacting Fibo.

You have the right to receive any communication in paper form at no charge to you, within 180 days of the communication, and also to opt out or withdraw your consent for electronic communications and/or signatures. To do so please email support@fibo.finance. Should you withdraw or withhold consent, it may take us a reasonable period to process your request, after which we may not continue offering access to some or all of the Services.

To ensure that our communications reach you, please make sure your contact information, including among other things your email address and phone number, remain current.

General; Miscellaneous

These Terms of Service constitute the entire agreement with respect to your access to and use of this Website and the Services. For avoidance of doubt, Fibo’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

You agree that Fibo may, at its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fibo, for which monetary damages would be inadequate, and you consent to Fibo obtaining any injunctive or equitable relief that Fibo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fibo may have at law or in equity.

Other than the Fibo affiliates there are no third-party beneficiaries of these Terms of Service. Your agreement with a broker or other third-party, if any, shall be on its own merits and not with respect to these Terms of Service. You may not assign these Terms of Service, in whole or in part, to any third-party without our prior, written consent, and any attempt by you to do so will be invalid. Our rights under these Terms of Service will survive any termination of this Terms of Service agreement.

Headings are for convenience only and are not part of the agreement between the parties.

Finally, Fibo may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against Fibo’s rights or property of visitors to or users of the Website, including Fibo’s customers. Fibo reserves the right at all times to disclose any information that Fibo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fibo may also disclose your information when Fibo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

Severability and Waiver

If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability. The failure by Fibo to enforce any provision in these Terms of Service will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. New York law, without regard to conflict of laws provisions, will govern these Terms of Service and any matter or dispute arising out of this Website or the Content. The state and federal courts located in New York, New York will have exclusive jurisdiction over any dispute relating to these Terms of Service, this Website or the Content. We will have the right to use for any purpose, free of charge, all information or content submitted via this site except those submissions made under separate legal contract.

If you have any questions about these Terms of Service, please contact us at support@fibo.finance.

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