Terms of service
dCoinswap Terms of Service Effective Date: 09.11.2018
These Terms of Service and any terms expressly incorporated herein ("Terms" or "Terms of Service") constitute the entire agreement and understanding with respect to any access to and use of the services provided by dCoinswap s.r.o. and its wholly owned subsidiaries (collectively, "dCoinswap", "we", or "us"), the website www.dcoinswap.com ("The Site") and to any other related services provided by dCoinswap s.r.o. (collectively, our "Services" or the "dCoinswap Services"), between you and dCoinswap s.r.o.. By clicking on the “Create Account” button or check box related with these Terms or, if earlier, by accessing or using any Services, you agree to be legally bound by these Terms of Service and all terms incorporated by reference.
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO ARBITRATE DISPUTES. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
As used herein, the following terms are defined as follows:
- “Digital Asset” means a digital representation of value that functions as a medium of exchange, a unit of account, a store of value, and/or other similar digital representations of rights, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency.
- “dCoinswap Account” means an user-accessible account offered via the dCoinswap Services where Digital Assets are stored by us.
- "External Account" means any Digital Asset Account (as defined below) which can be used to send Funds to your dCoinswap Account, and to send Funds from your dCoinswap Account.
- "Funds" means Digital Asset.
- "Digital Asset Account" means any Digital Asset address, account our wallet accessible by you that is not provided via the dCoinswap Services and is therefore not owned, controlled or operated by us.
2. Changes and Amendments
We may modify or amend any portion of these Terms of Service periodically, in our sole discretion. We will notify you prior to such changes or amendments by email or by providing notice via the Services. You agree to the modified Terms of service by continuing to access or the use of the dCoinswap Services after the effective date of such changes and amendments. You can decline modified Terms of Service by stopping to access and/or use our Services and by terminating your dCoinswap Account. We encourage you to review our Terms of Service frequently to make sure you are aware of the terms and conditions applying to the use of our services.
3.2 General Requirements
If you are registering to use the dCoinswap Services you warrant that you:
- are at least the age of majority in the jurisdiction you are accessing the dCoinswap Services from.
- have not previously been excluded from the use of the dCoinswap Services.
- have full power and authority to agree to these Terms.
- are not identified as a “Specially Designated National” by the Office of Foreign Assets Control.
- are not placed on the U.S. Commerce Department’s Denied Persons List
- are not located in, under the control of, or a national or resident of any Restricted Locations, or any country to which the United States has embargoed goods or services.
- will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms of Service.
3.2 Restricted Locations
You may not use the dCoinswap Services if the use of the Services would violate any applicable law in your jurisdiction ("Restricted Locations"). We may take technical measures to restrict access to the Services from Restricted Locations. You consent to not using the dCoinswap Services from Restricted Locations even if our methods to prevent the use of the Services are not effective or can be bypassed.
3.3 Enterprise user
If you are registering to use the dCoinswap Services on behalf of a legal entity you warrant that:
- you are authorized to act on the behalf of the legal entity.
- the respective legal entity is regularly organized and existing in accordance with the applicable laws of the jurisdiction of its organization.
4. dCoinswap ACCOUNT
4.2 Account Security and Information
To use the dCoinswap Services you must create a dCoinswap Account by registering at our Site. When you create a dCoinswap Account you warrant:
- that you provide accurate and truthful information as requested during the registration process and that you keep your Account information up to date.
- that you provide a strong password which you only use for your dCoinswap Account and you acknowledge that are the only person authorized to use your Account and you may not share your Account credentials with any other person.
- that you inform us immediately if you discover any irregularities regarding the security of your dCoinswap Account.
- that you take responsibility for all activities that occur under your dCoinswap Account and accept all risks of any authorized or unauthorized access to your dCoinswap Account, to the maximum extent permitted by law.
4.2 Number of dCoinswap Accounts
We may, in our sole discretion, limit the number of dCoinswap Accounts that you may hold, maintain or acquire.
6. Account funding and external transfers
6.1 Funding of your dCoinswap Account ("Deposits")
To place orders or trade via our Services (as described in Section 7) you must first transfer Digital Assets, which are supported by our Services, to your dCoinswap Account. For this purpose we provide you with Deposit addresses for supported Digital Assets via the Services. The transfer of any other Digital Asset to the addresses provided than declared in the Services may be lost permanently.
The funding of a dCoinswap Account is accomplished via External Accounts. We are not responsible for any fees arising from the use of External Accounts or for the management and security of any External Account. You alone are responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account.
The duration of a funding transaction (Deposit) depends in part on third-party services (e.g. External Account providers), therefore, we cannot give any guarantees regarding the duration of funding transactions.
6.2 Transfer of Funds to External Accounts ("Withdrawals")
We require you to keep a sufficient quantity of Digital Assets in your Account to satisfy any open orders (and applicable fees as described in Section 10) as minimum balance requirements. Otherwise, you may, at your sole discretion, transfer any amount of Digital Assets up to the total amount of Funds in your dCoinswap Account in excess of such minimum balance requirements and less any fees (as described in Section 10) from your dCoinswap Account to External Accounts ("Withdrawal"). To do so, we may require you to verify that you control any External Account involved in a Withdrawal.
6.3 Other terms regarding Deposits and Withdrawals
When you request Deposits and/or Withdrawals (as described above) you authorize us to execute such transactions via the dCoinswap Services.
In case any External Account rejects your Funds or may otherwise be unavailable, you agree that you will not hold us liable for any damages resulting from such rejected transactions.
7. Exchange Orders and Trades
- "Trade" is an exchange of Digital Assets that are supported by the dCoinswap Sercvices. In a Trade you exchange one type of Digital Asset for another with another user of the dCoinswap Services.
- "Order" is an instruction to engage in a Trade via the dCoinswap Services.
When you create a new Order via the dCoinswap Services, you authorize us to execute a Trade on a spot basis for all or a portion of the quantity of Digital Assets specified in your Order and charge you any applicable fees (as described in Section 10 below).
7.3 Independent relationship
We do not act as your broker, agent, intermediary and we have no fiduciary relationship or obligation to you regarding any type of use of the dCoinswap Services. No information, correspondence or other communication provided to you shall be considered or interpreted as advice.
7.4 Order types
For descriptions of the different options available for Orders and Trades, please refer to our Trading Guide. We encourage you to only use options for Orders and Trades you fully understand. For more information regarding our trade options, please contact us via the support section of your dCoinswap Account.
7.5 Execution of Trades
After the creation of an Order, an Order status information will be made available electronically via the dCoinswap Services. The Order will be included in our order book to be matched with suitable other Orders from other users of the Services. If your Order is matched fully or partially, a Trade will be executed. Once a Trade is executed by the dCoinswap Services, an electronic confirmation with details to the respective Trade will be made available through the Services. You approve and agree that, if the dCoinswap Services fail to provide such confirmation, it shall not prejudice or invalidate the terms of such Trade. Orders will remain open until fully executed or cancelled in accordance with Section 7.7 below.
7.7 Cancellation of Orders
Orders or parts of Orders can only be cancelled via the dCoinswap Services, before we match the Order and execute the Trade. After your Order has been executed, you may not change, revoke or cancel the respective Order or partial Order and the authorization for us to carry out the Order or partial Order. All Trades are, once executed by the Services, irreversible. Once an Order has been partially matched, it is possible to cancel the remaining part of the Order. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
8. General Service Terms
8.1 Conditions and Restrictions
We may, in our sole discretion, refuse any Orders and Trades, or restrict your use of the dCoinswap Services in any way without prior notice. This includes, but is not limited to, imposing limits on the amounts of Digital Assets traded in a time period, limiting the amount of simultaneously open Orders and restricting transaction requests of any kind from certain locations.
8.2 Accuracy of Information
You must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.
It is your sole responsibility to comply with any applicable tax laws and respective reporting obligations arising from the use of the dCoinswap Services. It is your responsibility, if applicable, to report and transfer the correct tax to the appropriate tax authority. You acknowledge that we are not responsible for determining whether taxes apply to your use of the dCoinswap Services or for any other obligations with respect to tax laws that may arise from your use of the Services.
8.4 Insufficient Funds
If you do not have an sufficient amount of Digital Assets in your dCoinswap Account to fulfill an Order, we may cancel the entire Order or may fulfill a partial Order that is covered by the Digital Assets available in your dCoinswap Acoount less any fees applicable to the execution of the Trade (as described in Section 10).
8.5 Forks & Derivative Protocols
Digital Asset may underlie sudden, unexpected, or controversial changes (“Forks”) that may change the usability, functions, value or the name of a given Digital Asset. Such Forks may result in multiple versions of a Digital Asset and could lead to the dominance of one or more such versions of a Digital Asset (each a “Dominant Digital Asset”) and the partial or total abandonment or loss of value of any other versions of such Digital Asset (each a “Non-Dominant Digital Asset”).
You acknowledge and agree that we are under no obligation to support a Fork of a Digital Asset in your dCoinswap Account, regardless of whether any resulting version of such forked Digital Asset is a Dominant Digital Asset or Non-Dominant Digital Asset or holds value at or following such Fork. If we choose, in our sole discretion, to support a Fork of a Digital Asset, we will notify our customers via email. We shall bear no liability for any real or potential losses that may result based on the decision to support such Forks or the timing of implementation of support. If we, in our sole discretion, do not choose to support a Fork of a given Digital Asset, including the determination to support, continue to support, or cease to support any Dominant Digital Asset or Non-Dominant Digital Asset, we shall have no responsibility or liability whatsoever for any losses or other issues that might arise from an unsupported Fork of a Digital Asset.
We do not generally support any other distributions, dividends, or “airdrops” of Digital Assets to your dCoinswap Account (collectively, “Airdrops”) regardless of whether or not you would have received such Airdrops if you held your Digital Assets outside of your dCoinswap Account. We may, at our sole discretion, choose to distribute and/or support an Airdrop, but we have no obligation to do so and shall bear no liability to users for failing to do so. If we do not support an Airdrop, we will not claim such Airdrop for our own benefit unless it is unavoidable or impractical to avoid based on the means of distribution.
Note that in the event of a Fork of a Digital Asset, we may be forced to suspend all activities relating to such Digital Asset (including trading, depositing, and withdrawing) for an extended period of time until we have determined, in our sole discretion, that such functionality can be restored (“Downtime”). This Downtime will likely occur immediately upon a Fork of a given Digital Asset, potentially with little to no warning, and during this period of Downtime you will not be able to trade, deposit, or withdraw the Digital Asset subject to such Fork.
9. Risk Disclosure
9.1 Trading and fund transfer risks
You acknowledge and agree that you shall access and use the dCoinswap Services at your own risk. Trading Digital Assets can be extremely risky and you should be aware that you may sustain a total loss of your funds in your dCoinswap Account. Trading Digital Assets may also involve external risks, beyond our control, such as legal or regulatory changes, market manipulations, high price volatility caused by various external factors and/or unavailability of Digital Assets and its underlying technology for various reasons. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.
Digital Asset transactions may not be reversible and funds sent to incorrectly entered External Account- or dCoinswap Account addresses may be lost. You acknowledge we are not liable for funds sent to wrong addresses.
9.2 Online Platform risks
You acknowledge and accept the risk of communication failures, transaction failure, disruptions, errors, distortions or delays caused by operational or technical difficulties. We may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the dCoinswap Services. You acknowledge that the dCoinswap Services may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold us accountable for any related losses.
9.3 No insurance protection of funds
Digital Assets held in your dCoinswap Account are not subject to any insurance protection.
9.4 Risks arising from legislative and regulatory changes
Legislative and regulatory changes or actions at the state, federal, or international level may affect the use, transfer, exchange, and value of Digital Assets in a negative way.
9.5 Risk of technical changes to Digital Assets
Digital Assets rely on software protocols that are not under our control. These protocols may underlie sudden and substantial changes that might have a substantial influence on the value, usability or availability of the respective Digital Asset. You acknowledge and agree that we are not liable for such changes and any effects caused by such changes.
9.6 Risk of Attacks on Digital Assets
We have no ability to prevent or mitigate attacks on Digital Assets and/or its underlying software protocols. If we become aware of such an attack on a supported Digital Asset we may immediately stop deposits, withdrawals and all trading activities for the affected Digital Asset. We also may, in our sole discretion, discontinue the support of the affected Digital Asset entirely.
Resolutions concerning deposits, withdrawals and dCoinswap Account balances for an attacked Digital Asset will be determined on a case-by-case basis by us, in our sole discretion. We make no representation and do not warrant the safety of dCoinswap and you assume all liability for any lost value or stolen property.
9.7 Digital Asset supply and value risks
The ability for you to exchange a Digital Asset via the dCoinswap Services depends on the willingness of other dCoinswap users to exchange the same Digital Asset. Under certain market conditions (e.g. if no other dCoinswap user is willing to trade a specific Digital Asset) you may find it difficult or impossible to take part in such an exchange. Therefore we cannot control and guarantee the availability or supply of Digital Assets via the dCoinswap Services.
The value of a Digital Assets may depend on the number of market participants as suitable counterparties for Trades of the Digital Assets. This may result in a total loss of value for a particular Digital Asset if there are no other market participants.
You agree to pay us the fees as made available in our fee schedule displayed on the site ( "Fees" ). We may revise or update our fee schedule periodically. Updated fee schedules will apply prospectively to any Trades or other transactions, as indicated on the fee schedule, that take place following the effective date of such updated fee schedule.
You authorize us to deduct any applicable fees, owed by you under these Terms, from your dCoinswap Account.
We reserve the right to refuse the execution of withdrawals of Digital Assets which fall below any applicable withdrawal fee.
11. Electronic Communications
11.1 Consent to Electronic Delivery
You agree and consent to receive all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that we provide in connection with the dCoinswap Services electronically. We may deliver these Communications to you via the dCoinswap Services or by e-mail. We encourage you to maintain copies of our electronic Communications.
11.2 Technical Requirements
In order to view and retain electronic Communications that we make available to you, you must fulfill the following soft- and hardware requirements:
- A valid e-mail account accessible by you.
- A device capable of accessing the internet with a cookie-enabled browser and SSL encryption support.
- Sufficient storage space to save past Communications or an installed printer to print them.
11.3 Updating your Information
You are responsible for providing us with a valid e-mail address, contact information, and other information so that we can communicate with you electronically. Please make sure our Communication is not blocked by your spam-filter or similar measures. You agree that if we send you an electronic Communication but you do not receive it because your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the Communication to you. You may update your information by contacting our customer support via the support section of your dCoinswap Account.
11.4 Withdrawal of Consent
You may withdraw your consent to receive electronic Communications at any time by contacting our customer Support. You acknowledge that any withdrawal of your consent to receive electronic Communications will be effective only after we have had a reasonable period of time to process your withdrawal request. You acknowledge that withdrawing your consent to electronic Communications may result in the closure of your dCoinswap Account.
11.5 Communications in Writing
You acknowledge and agree that all electronic Communications from us to you will be considered "in writing" and shall have the same meaning and effect as paper Communication.
You acknowledge and agree that Communications are considered received by you within 24 hours of the time delivered via the dCoinswap Services, or within 24 hours of the time sent to you via email, unless we receive notice that the email was not delivered.
12. Unclaimed Property
If your dCoinswap Account has been inactive for a prolonged period of time and we are unable to contact you, applicable law may require us to report these funds as unclaimed property to the applicable jurisdiction.
13. Restricted Activities
When accessing or using the dCoinswap Services you agree that you will not:
- violate any law, contract, intellectual property right, or other applying law.
- provide knowingly false, incomplete or misleading information.
- access and/or use other dCoinswap users accounts without authorization.
- use the dCoiunswap Services to engage in any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism.
- use any web crawler or similar technologies to access the dCoinswap Services or to extract data.
- reverse engineer or disassemble any aspect of the Services in order to access any source code, underlying ideas and concepts and algorithms.
- perform any vulnerability, penetration or similar testing on the dCoinswap Services.
- cause an unreasonably high load on our infrastructure or engage in any other action that may damage, disable or compromise the dCoinswap Services.
- try to bypass any of our content filtering techniques, or try to gain unauthorized access to any area of the dCoinswap Services and/or its underlying systems, infrastructure and technologies.
- attempt to manipulate, maliciously interfere with, steal or intercept any data or information of the dCoinswap infrastructure or of underlying systems and technologies.
- engage in any type of market manipulation including without limitation the execution of fictitious transactions or wash trades, front running or engaging in disorderly market conduct.
14. Proprietary Rights
We and our licensors reserve all copyright and other intellectual property rights in all content and other materials provided via the dCoinswap Services, all technology, title and interest in and to the Site and any content created or derived from any of the foregoing, unless otherwise indicated. This includes, but is not limited to, the dCoinswap logo, other graphics, pictures and designs, texts, information, data and software.
"dCoinswap," the dCoinswap logo and any other dCoinswap product or service names, logos or slogans that may appear on our Services are trademarks of dCoinswap s.r.o., in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without our written permission.
14.2 Limited Licence
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, in accordance with the terms and conditions of this Agreement, to access and use the dCoinswap Services limited to approved purposes as determined by us. Any other use of the dCoinswap Services is explicitly prohibited. Such license does not permit you to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the dCoinswap Services, in whole or in part or any use of the Materials provided to you by us other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the dCoinswap Services.
You acknowledge and agree that any feedback you provide to us via the dCoinswap services or any other channels will become the exclusive property of dCoinswap. This includes, but is not limited to, suggestions, ideas, plans or other information regarding the dCoinswap Services. We will exclusively own all rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. Third Party Content
We may display content provided by third parties on the Site including, but not limited to, links to social media platforms or other websites ("Third Party Content"). By making Third Party Content available to you, we do not constitute endorsement of such content and we are not liable for any losses or damages of any kind caused by any of your actions related Third Party Content. By using the dCoinswap Services you acknowledge and agree that your use of Third Party Content, and your interactions with third parties, is at your own risk.
16. Changes to Services
We reserve the right to modify or discontinue all or any portion of our Services at any time without liability or prior notice and in any jurisdiction.
17. dCoinswap Account Suspension or Termination
We may, in our sole discretion and without liability to you suspend or terminate your dCoinswap Account, refuse the opening of a dCoinswap Account or your use of any portion of the dCoinswap Services. Such action may be taken due to multiple reasons, including, but not limited to:
- Violation of this Terms of Services.
- Prolonged inactivity of your dCoinswap Account.
- If you do not respond to our contact requests (e.g. support requests)
- Failure to positively identify yourself upon request.
- A court order or imposed by other legal procedure.
We also reserve the right to temporarily suspend your access to any portion of the Services due to technical problems or similar issues.
You may terminate this Agreement at any time by closing your dCoinswap Account. You can close your Account by contacting our customer support via the support section of your dCoinswap Account. We reserve the right to refuse the closure of a dCoinswap Account if we determine, in our sole discretion, that such closure is being performed in an effort to evade any legal investigations or avoid paying any fees or other amounts otherwise due to us.
In the event of termination we will attempt to return any remaining funds in your dCoinswap Account. We encourage you to withdraw any funds from your dCoinswap Account yourself, prior to requesting a closure of your Account. Upon termination or suspension of your dCoinswap Account, you authorize us to cancel or suspend any pending transactions.
18. Limitation of Liability
You acknowledge and agree, that in no event, except otherwise required by law, shall we, our employees, directors or representatives be liable for any consequential, indirect, incidental, punitive or similar damages or liabilities whatsoever. This includes, but is not limited to, the loss of use, the loss of revenues, profits or other financial losses, the loss of data or any intangible losses whether based on contract, tort, negligence, strict liability, or otherwise, resulting out of or related to the use of the dCoinswap Services, or the inability to use the dCoinswap Services, in any way.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations of this Section 18 may not apply to you.
You acknowledge and agree, that in no event, except otherwise required by law, shall the aggregated liability of us, our employees, directors or representatives, whether based on contract, warranty, tort, product liability, strict liability, ot otherwise, resulting out of, or related to the use of the dCoinswap Services or the inability to use the dCoinswap Services or to these Terms of Service, exceed the fees paid by you to us under this agreement during the twelve-month period immediately preceding the date of any claim giving rise of such liability.
19. Disclaimer of Warranties
The dCoinswap Services are provided "as is", "as available" and without any representation or warranty, whether express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. We do not represent or warrant that the provided Services will be uninterrupted, secure or in general error-free.
You acknowledge that information or data you transfer or store via our Services may become temporarily unavailable, corrupted or lost for various causes including software errors, errors caused by third party providers, force majeure envents, internet outages, scheduled or unscheduled maintenance or other causes that are either within or not within our control. You acknowledge and agree that you are solely responsible for maintaining backups of any information you store or transfer via our services.
Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some or all of the limitations in this section may not apply to you.
You agree to indemnify and hold us, and each of our directors, employees, and representatives harmless from any claim or demand, including, without limitation, attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority, arising out of your breach of this Terms of Service, or your violation of any law other regulations regulation.
21. Arbitration and Governing Law
With the exception of disputes related to the enforcement or validity of our intellectual property rights, all disputes arising out of or in connection with this Terms of Service or your use of our Services shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. You further agree to the following:
- Any arbitration shall take place in Vienna, Austria.
- The laws of Austria, including the the Rules of Arbitration of the International Chamber of Commerce as specified herein, shall govern this Agreement.
22. Force Majeure
We shall not be liable for any failure and delay or any loss or damage that you may incur resulting from any abnormal or unpredictable events beyond our reasonable control. This includes, without limitation, acts of terrorism, earthquake, extraordinary weather conditions, fire, flood, riot, labor dispute, accident, action of government, power outage, internet outage, equipment or software malfunction or war.
You may not transfer or assign this agreement or any rights or obligations under this agreement without prior written consent from us. Any such attempted assignment shall be void. We reserve the right to assign or transfer this agreement and the rights and obligations of this agreement, in whole or in part, any time and without notice or your consent.
24. Entire Agreement
The failure or delay of us in exercising any right or provision of this agreement shall not constitute a waiver of thereof.
In case any Term in this agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining Terms shall not in any way be affected or impaired thereby.
The headings of sections are for reference purposes only and shall in no way define, limit or construe the scope or extent of such section.
Upon termination of these Terms of Service, all rights and obligations, that are continuing by their nature, shall survive any termination or expiration of these Terms of Service.