Terms of Service

1. Agreement to Terms

By accessing or using our website (apicharge.com), requesting information about ApiCharge, or using any of our services, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

2. Description of Service

ApiCharge is a non-custodial blockchain-based payment and service management platform that enables instant monetization of APIs, applications, and digital content using stablecoin payments with quality-of-service guarantees.

3. Non-Custodial Nature of Services

3.1 Self-Custodial Service

ApiCharge provides non-custodial software and services. You maintain complete control over your digital assets and private keys. StreamCharge s.r.o. does not have access to, control over, or custody of your digital assets, private keys, passwords, or recovery phrases at any time.

3.2 No Recovery Services

StreamCharge s.r.o. does not store, have access to, or maintain copies of your private keys, passwords, or recovery phrases. We cannot recover your wallet access or retrieve your digital assets under any circumstances. If you lose access to your wallet or private keys, your digital assets may be permanently inaccessible.

3.3 User Responsibility

You are solely responsible for:

• Maintaining the security and confidentiality of your private keys and passwords
• Creating and storing secure backups of your wallet access information
• Implementing appropriate security measures for your devices and accounts
• Understanding the risks associated with self-custodial digital asset management

4. Blockchain Network Dependencies

4.1 Stellar Network Reliance

Our services operate on and depend upon the Stellar blockchain network. The Stellar network operates independently of StreamCharge s.r.o. We do not own, control, or operate the Stellar network or any blockchain protocol.

4.2 Network Limitations

Blockchain networks may experience:

• Technical difficulties, downtime, or service interruptions
• Network congestion resulting in delayed transactions
• Protocol changes or upgrades that affect functionality
• Fork events or consensus disputes
• Variable transaction fees and processing times

4.3 Transaction Finality

All blockchain transactions are irreversible once confirmed on the network. StreamCharge s.r.o. cannot reverse, cancel, or modify blockchain transactions after they have been broadcast to the network.

5. Technology Risks

5.1 Software and Technical Risks

You acknowledge that blockchain and cryptocurrency technologies involve inherent risks, including but not limited to:

• Software bugs or vulnerabilities that could affect functionality or security
• Compatibility issues with devices, browsers, or operating systems
• Dependence on internet connectivity and third-party infrastructure
• Potential security vulnerabilities in smart contracts or protocols
• Changes in technical standards or protocols

5.2 Emerging Technology

Cryptocurrency and blockchain technology are relatively new and rapidly evolving. The technology may not function as intended, may contain vulnerabilities, and regulatory frameworks continue to develop.

6. User Obligations and Responsibilities

6.1 Security Responsibilities

You agree to:

• Maintain the confidentiality and security of your private keys and access credentials
• Use strong passwords and enable appropriate security measures
• Keep your software and devices updated with the latest security patches
• Monitor your accounts for unauthorized access or suspicious activity
• Report any security incidents to us promptly

6.2 Legal Compliance

You are solely responsible for determining whether your use of our services complies with applicable laws and regulations in your jurisdiction. This includes, without limitation, regulations related to:

• Digital asset ownership and trading
• Tax reporting and payment obligations
• Money transmission or financial services licensing
• Anti-money laundering and know-your-customer requirements

6.3 Prohibited Activities

You may not use our services for:

• Any unlawful activities or violation of applicable laws
• Money laundering, terrorist financing, or other illicit financial activities
• Circumventing any technological measures we implement to enforce these Terms
• Interfering with the operation of our services or the Stellar network
• Accessing accounts or wallets that do not belong to you

7. Payment Terms and Blockchain Transactions

7.1 Blockchain-Based Payments

Our services utilize the Stellar blockchain for payment processing. Payments are made directly between users through blockchain transactions without our custody or control of funds.

7.2 Network Fees

Blockchain transactions require payment of network fees to validators. These fees are determined by network protocols and market conditions, not by StreamCharge s.r.o. Network fees are subject to change and may vary based on network congestion.

7.3 Transaction Risks

You understand and accept the risks associated with blockchain transactions, including:

• Transactions may fail due to insufficient network fees or network issues
• Transaction confirmation times may vary based on network conditions
• Incorrect recipient addresses may result in permanent loss of funds
• Network forks or protocol changes may affect transaction validity

8. Early Access and Beta Services

8.1 Development Phase Services

During the early access phase, our services are provided on a developmental, experimental basis. Features may be incomplete, unstable, or subject to frequent changes without notice.

8.2 Beta Testing Risks

Beta services involve additional risks including:

• Potential for service interruptions or data loss
• Software bugs or security vulnerabilities
• Limited customer support availability
• Features may be modified or discontinued without notice

8.3 No Service Level Guarantees

During early access, we provide no warranties or guarantees regarding service availability, performance, or functionality.

9. Disclaimer of Warranties

9.1 "As Is" Provision

The services are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, including without limitation:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of the services
• Warranties that the services will be uninterrupted, error-free, or secure
• Warranties regarding the operation of blockchain networks or third-party services

9.2 Network and Technology Disclaimers

We make no representations or warranties regarding:

• The functionality, security, or availability of blockchain networks
• The accuracy of information provided by third-party data sources
• The compatibility of our services with your devices or software
• The security or integrity of smart contracts or blockchain protocols
• The regulatory compliance of blockchain networks or digital assets

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, in no event shall StreamCharge s.r.o. be liable for:

• Loss of digital assets due to user error, device compromise, or private key loss
• Failed or delayed blockchain transactions
• Network downtime or protocol failures
• Smart contract bugs or vulnerabilities
• Third-party service failures or security breaches
• Regulatory changes affecting service availability

10.2 Liability Cap

Our total liability for all claims shall not exceed:

• During early access: €1,000 per user per incident
• After commercial launch: €10,000 per user per incident

10.3 Types of Damages

In no event shall we be liable for indirect, incidental, special, consequential, or punitive damages, including without limitation lost profits, lost data, or business interruption.

11. Indemnification

You agree to indemnify, defend, and hold harmless StreamCharge s.r.o. and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the services
• Your violation of these Terms or applicable laws
• Loss or compromise of your private keys or digital assets
• Your failure to comply with applicable regulations
• Third-party claims related to your activities

12. Force Majeure

We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

• Blockchain network failures, forks, or protocol changes
• Government actions or regulatory changes
• Internet or telecommunications failures
• Cyberattacks on blockchain infrastructure
• Third-party service provider failures

13. Service Modifications and Termination

13.1 Right to Modify

We reserve the right to modify, suspend, or discontinue any aspect of the services at any time, with or without notice.

13.2 Effect of Termination

Upon termination:

• Your access to our user interface will cease
• You retain full control of your digital assets through your private keys
• Smart contracts may continue operating independently on the blockchain
• You remain responsible for managing your digital assets

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Czech Republic, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in Prague, Czech Republic.

14.3 Arbitration

Disputes may be resolved through binding arbitration as provided under Czech law, except where prohibited by applicable consumer protection regulations.

15. Regulatory Compliance

15.1 User Compliance Obligations

You are responsible for ensuring your use of our services complies with all applicable laws and regulations in your jurisdiction, including but not limited to financial services regulations, tax obligations, and licensing requirements.

15.2 Service Availability

Our services may not be available in all jurisdictions. We reserve the right to restrict access based on geographic location or applicable legal requirements.

16. Data and Privacy

16.1 Data Processing

Your use of our services is subject to our Privacy Policy. We may process personal data in accordance with applicable privacy laws and regulations.

16.2 Blockchain Transparency

Blockchain transactions are publicly visible and permanently recorded. We cannot make blockchain transactions private or remove them from public blockchain records.

17. Important Notices

17.1 Risk Acknowledgment

Digital assets involve substantial risk of loss. You should not invest more than you can afford to lose. Past performance does not guarantee future results.

17.2 No Investment Advice

We do not provide investment, financial, or legal advice. Any information provided is for general informational purposes only and should not be relied upon for investment decisions.

17.3 Regulatory Uncertainty

The regulatory status of digital assets varies by jurisdiction and continues to evolve. Changes in applicable laws may affect the availability or functionality of our services.

18. Miscellaneous

18.1 Entire Agreement

These Terms constitute the entire agreement between you and StreamCharge s.r.o. regarding the services and supersede all prior agreements.

18.2 Severability

If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.3 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

18.4 Updates

We may update these Terms periodically. Material changes will be communicated through appropriate channels. Continued use constitutes acceptance of updated Terms.

19. Contact Information

For questions about these Terms:

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