Last updated: April 12, 2025
Transia, LLC ("Transia", the "Company", "we", "us" or "our") is a blockchain development company, focused on utilizing decentralized technologies such as the XRP Ledger blockchain. Transia hosts a top level domain website, https://driip.org, that provides information regarding Driip (the "Product") and its service offerings, as well as sub-domains for Driip's product offerings (collectively, the "Site"), which includes text, images, audio, code and other materials and third party information.
Transia makes available to certain users certain software, including Driip's unhosted desktop wallet application (the "Wallet" or the "App"). The Wallet enables users to (i) store Digital Assets locally on their own devices; (ii) view addresses and information that are part of digital asset networks and broadcast transactions; (iii) from the App user interface, swap assets on a peer-to-peer basis; and (iv) additional functionality as may be added to the App from time to time (collectively the "Functionality"). "Digital Assets" means only those particular tokens, cryptocurrencies and other crypto or blockchain-based digital assets listed as available to interact with or self-custody in your Wallet. Services and supported Digital Assets may vary by jurisdiction.
These Terms of Service ("Terms" or this "Agreement") (i) contain the terms and conditions that govern your access to and use of the Site and Functionality and (ii) constitute a legally binding agreement between us and you and/or the entity you represent ("you", "your" or "user").
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS IN THE UNITED STATES AND CANADA, WHICH PROVISION IS CONTAINED BELOW UNDER THE HEADING "DISPUTE RESOLUTION". IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND TRANSIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS.
BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Please read these Terms carefully before using the Site or Functionality. By using or accessing the Site, Functionality and/or Content (defined below) in any manner, or clicking a button or checkbox to accept or agree to these Terms where that option is made available you, (i) accept and agree to these Terms and (ii) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, available at https://driip.org/privacy (the "Privacy Policy"). The Privacy Policy is incorporated herein by this reference in its entirety, and all references herein to the "Terms of Service", the "Terms" or this "Agreement", include a reference to the Privacy Policy.
We may modify the Terms at any time at our sole discretion and without notice. If we do so, we'll notify you either by posting the modified Terms on the Site, by providing you a notice through the App, or through other methods of communication, which we deem reasonable. It's important that you review the Terms whenever we modify them, because, if you continue to use the Site or Functionality after we have modified the Terms, you are agreeing to be legally bound by and to abide by the modified Terms.
If you don't agree to be bound by the modified Terms, then you may not use the Site or the Functionality. Because the Functionality is evolving over time, we may change or discontinue all or any part of the Site and Functionality (or any part of either or both) at any time and without notice, in our sole and absolute discretion. If you don't agree to be bound by the modified Terms, then you must not use the Site or Functionality.
You may use the Site and Functionality if you are of the age of majority in your jurisdiction of residence (if this is higher) and are not barred from using the Site and Functionality under applicable law. By using the Site and/or Functionality and agreeing to these Terms, you represent and warrant that:
You are of lawful age, and are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent and warrant that you have legal authority to bind that entity to these Terms.
Neither you nor any person that owns or controls you is subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
To use the Site and avail of the Functionality, you may be asked to have or to create an account ("Account"). To the extent you create an account, you agree that you won't disclose your Account credentials to or allow your Account to be used by anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials, whether or not you know about them, and you are solely responsible for your conduct, and the tasks and activities you undertake, on or utilizing the Site or Functionality.
We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these Terms (as each may be modified from time to time). Your access to and use of the Site or Functionality may be suspended at any time, for any reason, in our sole and absolute discretion, without incurring liability of any kind to you as a result of such suspension or termination.
You acknowledge and understand that, in certain circumstances, such as if you lose or forget your password for your Wallet, you will need to use a seed phrase to access any cryptocurrency stored in your wallet (the "Seed Phrase"). You are solely responsible for the retention and security of your Seed Phrase. Your Seed Phrase is the only way to restore access to the cryptocurrency stored in your Wallet if you lose access to your Wallet. Anyone who knows your Seed Phrase can access, transfer or spend your cryptocurrency.
You acknowledge and agree that Transia does not store and is not responsible in any way for the security of your Seed Phrase and you agree to hold Transia, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Seed Phrase and cannot access, transfer or spend your cryptocurrency. You bear sole responsibility for any loss of your cryptocurrency due to failure to retain and/or secure your Seed Phrase.
We welcome feedback, comments, ideas, and suggestions for improvements to the Site and the Functionality ("Feedback"). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon or improvements with respect to and otherwise exploit and commercialize the Feedback and any such derivative works and improvements in any manner and for any purpose.
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site or Functionality; and (ii) "User Content" means any Content that users or Account holders (including you) upload, submit, store, send, post or otherwise make available on the App or through our Site. Content includes without limitation User Content.
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Subject to the foregoing, Transia and its licensors exclusively own all right, title and interest in and to the Site, the Functionality and Content, including all associated intellectual property rights. You acknowledge that the Site, Functionality and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Functionality or Content.
You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, copy, distribute, create derivative works of, publicly display, and publicly perform your User Content, subject to the Privacy Policy.
You warrant and represent that you have the right and authority to submit your User Content and that neither your User Content nor any part thereof infringes, misappropriates or otherwise violates the intellectual property rights or any other rights of any person.
The App, Site and Functionality (or access thereto) are proprietary to Transia and its licensors and must not be used other than strictly in accordance with these Terms. Transia grants to you a limited, non-exclusive, non-transferable, non-sublicensable, fully-revocable right to use the App and Site for the purposes of accessing and using the Functionality strictly in accordance with these Terms.
You agree not to use the Site or Functionality in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorized, you will not, and will not attempt to (i) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Functionality (except to the extent Content included in the Functionality is provided to you under a separate license that expressly permits the creation of derivative works), (ii) reverse engineer, disassemble, or decompile the App or Site or apply any other process or procedure to derive the source code of any software included in the App or Site, (iii) use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas, (iv) use scraping techniques to mine or otherwise scrape data, or (v) resell or sublicense the Functionality, or use the Functionality to provide software as a service or any cloud-based, time sharing, service bureau or other services.
You will not use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you. For the purposes of these terms, "Our Marks" means any trademarks, service marks, service or trade names, logos, trade dress and other designations of source, origin, sponsorship, certification or endorsement of Transia, LLC or its affiliates or their respective licensors.
As a condition to using the Site and/or Functionality, you agree not to use the Site or Functionality in ways that:
Violate, misappropriate, or infringe the rights of Transia, its licensors, our users, or others, including privacy, publicity, intellectual property, or other rights;
Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive, or that instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
Involve falsehoods, misrepresentations, or misleading statements, including impersonating someone;
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Functionality or Content;
Disguise your location through IP proxying or other methods;
Interfere with, or attempt to interfere with, the access to the Functionality of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Functionality;
Circumvent any content-filtering techniques, security measures or access controls that Transia employs on the Site or the Functionality in any manner;
Could interfere with, disrupt, negatively affect or inhibit other users from enjoying the Functionality, or that could damage, disable, overburden, or impair the functioning of the Site or Functionality;
Violate any applicable law or regulation, including, without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls and any other Export Control Laws;
Encourage or enable any other individual to do any of the foregoing.
By using the Site or Functionality, you further represent, warrant and covenant that:
Any Digital Assets you transfer using the Site via the Functionality have been legally obtained by, and belong to, you;
You will not provide any false, inaccurate or misleading information while using the Site or Functionality, or engage in any activity that operates to defraud the Company, other users of the Functionality, or any other person or entity;
You will not use the Functionality to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
Any Digital Assets you use in connection with the Functionality are either owned by you or you are validly authorized to carry out actions using such assets;
You will pay all fees necessary for interacting with the XRP Ledger blockchain, or any other network with which the Functionality are compatible, as well as all fees charged by us for your use of the Site and Functionality.
You have conducted sufficient research and understand the mechanics and risks involved in interacting with blockchain technology before using the Functionality.
You may be charged fees for access to some or part of the Functionality you use. Those fees may change at any time without notice. The amount of fees applicable to the Functionality will be made visible to you at the time that you access the Functionality. Rates that appear in the Driip application are calculated with fees applied.
Although the Site endeavours to provide an accurate estimate of applicable fees, any such information is an advance estimate of fees, which may vary from the fees actually paid to use the Functionality and interact with the XRP Ledger blockchain or any other network with which the Functionality is compatible.
In connection with the App, you understand and agree that swap rates and prices for Digital Assets are estimates only, and that they may change at any time. Accordingly, the prices or swap rates for Digital Assets provided via the Functionality, are estimates only and may be inaccurate. Transia may not be held liable for, and you hereby forever release Transia from, any losses or other liabilities arising from an inaccurate estimate of fees provided in connection with any use of any of the Functionality.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP, SITE AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRANSIA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
TRANSIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. TRANSIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OR FUNCTIONALITY OF THE XRP LEDGER NETWORK, OR THAT XRP LEDGER NETWORK WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS THAT MAY DELAY, HINDER OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE XRP LEDGER NETWORK, OR ANY OTHER NETWORK.
USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACK UP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.
THE SITE AND FUNCTIONALITY RELY ON EMERGING TECHNOLOGIES, SUCH AS THE XRP LEDGER NETWORK AND OTHER BLOCKCHAIN TECHNOLOGIES. SOME FUNCTIONALITY IS SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. TRANSIA SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF XRP OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE XRP LEDGER NETWORK OR ANY OTHER NETWORK, AND TRANSIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
All information provided in connection with your access and use of the Site and Functionality should not and may not be construed as legal, financial, investment or other professional advice. You should not take, and should refrain from taking, any action based on any information contained on the Site or in the Functionality, or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos.
Before you make any financial, legal, trading, or other decisions involving the Site or Functionality or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
You will indemnify, defend and hold harmless Transia and its affiliates and its and their respective officers, directors, employees, agents and representatives (the "Transia Parties"), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, relating to or in any way connected with (i) your access to or use of the Site, Functionality or Content, (ii) your User Content, or (iii) your violation of these Terms.
THE TRANSIA PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE OUT OF OR IN CONNECTION WITH ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP OR THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TRANSIA HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TRANSIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE APP, SITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TRANSIA PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
TRANSIA IS NOT A BROKER, DEALER, OR ARRANGER, NOR DOES IT OPERATE A DIGITAL ASSET EXCHANGE PLATFORM OR OFFER TRADE EXECUTION OR CLEARING SERVICES AND, THEREFORE, HAS NO OVERSIGHT, INVOLVEMENT, OR CONTROL CONCERNING THE TRANSACTIONS YOU CHOOSE TO CONDUCT VIA THE FUNCTIONALITY. All transactions between users of Driip are initiated and signed by users and are executed peer-to-peer directly through smart contracts.
You are responsible for complying with all laws that may be applicable to or govern your use of the Functionality, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC") and all foreign laws that apply to you and your trading.
You understand that Driip and Transia are not registered or licensed by the CFTC, SEC, or any other financial regulatory authority (whether in the United States or elsewhere). No financial regulatory authority has reviewed or approved the use of the Transia-developed software that comprises the Site and the Functionality. The Site and Driip do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Transia is not acting as an investment manager, adviser, arranger, introducer, broker, dealer, virtual asset service provider or commodity trading adviser to any person or entity.
You further understand that Transia is not a money transmitter or money services business subject to the anti-money laundering program requirements under the Bank Secrecy Act, 31 U.S.C. 5311 et seq., or under the laws of any state or territory.
By accessing and using the Functionality, you acknowledge that you are trading peer to peer and that Transia is not acting as an intermediary on your behalf, or providing a regulated service, and you are not a customer of Transia. You also acknowledge that Transia does not provide investment advice or recommendations, and you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets.
You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as XRP Ledger are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets, or any Digital Assets you acquire may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost.
You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Site or Functionality.
You understand that the XRP Ledger blockchain (and all other networks with which the Functionality may be compatible) remains under development, which creates technological and security risks when using the Functionality in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the XRP Ledger blockchain is variable and may increase at any time, thereby impacting any activities taking place on the XRP Ledger blockchain, which may result in price fluctuations or increased prices for using the Functionality.
The Site and Functionality and your Digital Assets could be impacted by one or more government or regulatory inquiries or government or regulatory actions, which could impede or limit the ability of Transia to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the Functionality.
You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update Transia-developed software related to the Functionality to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not reflect a binding commitment and does not in any way guarantee or otherwise ensure full security of the Functionality.
You understand that your private key, seed phrase and any other access credentials used to access the App must be maintained securely by you at all times and that Transia will neither store a copy of nor be able to recover your private key or seed phrase if it is lost to you. You understand that disclosing, sharing, and/or publicly storing either your private key or seed phrase may increase your risk of loss or theft of your Wallet and/or any Digital Assets you may store in your Wallet.
You expressly agree that you assume all risks in connection with your access and use of the Site and Functionality and your interaction therewith. You further expressly waive and release the Transia Parties from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Site and Functionality and your interaction therewith.
These Terms shall be construed and enforced in accordance with the laws of the state of California applicable to contracts entered into and performed in California by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).
PLEASE READ THIS "MANDATORY ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND TRANSIA, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW.
You and Transia agree that any and all past, present and future disputes, claims, or causes of action arising out of or relating to your use of any of the Site or the Functionality, this Agreement, or any other controversies or disputes between you and Transia (including, without limitation, disputes regarding the effectiveness, scope, validity or enforceability of this agreement to arbitrate) (collectively, "Dispute(s)"), shall be determined by arbitration, unless (A) your Country of Residence does not allow this arbitration agreement; (B) you opt out as provided below; or (C) your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Transia further agree that any arbitration pursuant to this Section shall not proceed as a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). The award of the arbitrator may be entered in any court having jurisdiction.
"Country of Residence" for purposes of this agreement to arbitrate means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Driip Functionality. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
Transia wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Transia, you agree to try to resolve the Dispute informally by contacting Transia at [email protected] to notify Transia of the actual or potential Dispute. Similarly, Transia will undertake reasonable efforts to contact you to notify you of any actual or potential dispute to resolve any claim we may possess informally before taking any formal action.
If, notwithstanding compliance with all of the obligations under the preceding paragraph, a Dispute is not resolved within 30 days after the Notice of Dispute is sent (or if the notified party fails to respond to the Notice of Dispute within ten (10) business days), the notifying party may initiate an arbitration proceeding as described below.
If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice to Transia at [email protected] within thirty (30) days of first accepting this Agreement. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with Transia through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth below. By opting out of the agreement to arbitrate, you will not be precluded from using the Driip Service, but you and Transia will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
You and Transia agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought ("AAA Rules"). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR TRANSIA SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.
Notwithstanding your and Transia's agreement to arbitrate Disputes, either you or Transia retain the right (A) to adjudicate the Dispute pursuant to the California Small Claims Act if the Dispute may be adjudicated pursuant to such act; and (B) to seek provisional relief in aid of arbitration in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not use the Site or download the App or use the Functionality if (i) 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 Security Council Resolutions, 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; or (ii) you intend to supply any Functionality to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo (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, or Entity List.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice through the Service or by other means. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the updated Terms.
We may terminate this Agreement and/or your access to and use of the Site and Functionality, in our sole discretion, at any time and without notice to you. You may cancel your Account, if you have one, at any time by removing the Wallet from your device and ceasing any and all use of the Site, Functionality and/or Content.
Upon any termination, discontinuation or cancellation of this Agreement, the Functionality or your Account, (i) all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use of and/or access to the App, Site, Functionality and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Content Ownership, Responsibility, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.
These Terms (including the Privacy Policy) constitute the entire and exclusive understanding and agreement between Transia and you regarding the Site, Functionality and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Transia and you regarding the Site, Functionality and Content. Except as provided above with respect to the provisions hereof pertaining to Collective Arbitration, if any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed as provided above or by a court of competent jurisdiction) that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void and of no force or effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your Account and/or your use of the Site and Functionality.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Transia. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
If you have any questions about these Terms or the Functionality, please contact us at [email protected].