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Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully as they form a binding legal agreement between you and Deepwaters EU s.r.o., registration number 17911257 (“Deepwaters” or “we” or “our” and its derivatives). Our website (https://deepwaters.xyz) and any other sites or subdomains of Deepwaters (collectively, the “Site”) and the information on it are controlled by Deepwaters. These Terms govern the use of the Site and apply to all visitors to the Site and those who use the services and resources available or enabled via the Site (each a “Service” and collectively, the “Services”).

By accessing the Site or accessing, using or continuing to use the Services, you signify that you have read, understand, and agree to be bound by these Terms (as amended) in its entirety. If you do not agree, you should not use the Site or use the Services. The use of the Site and any Services is void where such use is prohibited by, would be subject to penalties under Applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

Deepwaters may modify these Terms at any time and in our sole discretion. If we do so, we will change the “Last Updated Date” at the beginning of these Terms. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates. We invite you to check this page regularly for updates to these Terms.

For information about our data practices, please see our Privacy and Cookie Policy[a].

Interpretation:

  1. Definitions

  1. In these Terms and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
  1. “Account Holders” persons that created an account on the Site.
  2. “Applicable Law” or “Law” means all laws, statutes, orders, regulations, rules, treaties and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
  3. “AML” means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or more, transfer, or transport, illicit proceeds, property, funds, fiat, or Digital Assets, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations;
  4. “Anti-Corruption” means all Laws applicable to each Party prohibiting corruption or bribery of government officials, kickbacks, inducement, and other related forms of commercial corruption or bribery;
  5. “CTF” means counter-terrorist financing;
  6. “Digital Assets” means a digital representation of value that functions as (a) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency;
  7. “Economic Sanctions” means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site;
  8. “Feedback” means any ideas, suggestions, documents, and/or proposals about the Site and the Services;
  9. “Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to government instrumentality, including any state-owned (majority or greater) or controlled business enterprise;
  10. “Deepwaters Content” means the Services and the information and content available on the Site;
  11. “Personal Information” means any information that allows us to identify you or any other individual directly or indirectly;
  12. “Prohibited Jurisdictions” means any state, country, territory or other jurisdiction where your use of the Services would be illegal or where your use of the Services would amount to any violation of any Applicable Law either by you or by Deepwaters;
  13. “Prohibited Conduct” has the meaning set out in section 8 of these Terms;
  14. “Rewards” means, including but not limited to, any incentives, rebates or remittances associated with the Services;
  15. “Terms” means these terms and conditions of services, as they may be changed, amended, or updated from time to time;
  16. “Third Party Services” means applications and/or services hosted by third parties;
  17. “User Content” means all data and information provided or uploaded by you to the Services.
  1. Disclaimer on the Services Provided
  1. DEEPWATERS IS NOT A BANK, SECURITIES FIRM, FINANCIAL INSTITUTION, FINANCIAL SERVICES PROVIDER OR PROVIDER OF SIMILAR SERVICES AND DOES NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE, FINANCIAL SERVICES OR CONSULTING SERVICES TO USERS OF THE SERVICES. WE ARE SOLELY THE PROVIDER OF THE SERVICES AS DEFINED ABOVE. 
  1. Eligibility
  1. By browsing the Site and/or using the Services, you represent that (a) you have read, understand, and agree to be bound by the Terms, (b) you are 18 years or older, or of the age of majority in your local jurisdiction, whichever is higher, and legally capable of forming a binding contract with Deepwaters, and (c) you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the services. The term “you” refers to you individually or the legal entity on whose behalf you use the Services, as applicable. If you do not agree to be bound by the Terms, you may not access or use the Services.
  2. You may not use the Services if you are located in, or are a citizen or resident of any Prohibited Jurisdiction. It is your obligation to check before using the Services whether you are a user from a Prohibited Jurisdiction. We may implement controls to restrict access to the Services from any Prohibited Jurisdiction pursuant to these Terms. You agree to comply with these Terms even if our methods to prevent the use of the Services are not effective or can be bypassed.
  1. Use of the Services
  1. Prior to using the Services, you should examine your objectives, financial resources and risk tolerance to determine whether utilising the Services is appropriate for you. By accessing and using the Site and/or Services, 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 Digital Assets are highly volatile. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge the risk that your Digital Assets may lose some or all of their value while they are supplied to the Services.

  1. The Services are evolving and you may be required to accept updates to Services, or update third-party software (i.e., browsers, hardware wallet firmware, hardware wallet bridge, or OS) in order to keep using the Services or access their latest features, including security updates. We may update the Services at any time, without providing notice.

  1. The Services may provide access to, integrate, or create user interfaces or interactions with Third Party Services. Access to Third Party Services may be geo-blocked for residents of certain countries. You agree that it is impossible for Deepwaters to monitor Third Party Services and that you access them at your own risk. Do not share any credential, private key, or other sensitive or confidential information with any third party without validating their legitimacy. Third Party Services are available to you, subject to the terms and conditions of each Third Party Services provider. To the extent Third Party Services have terms that differ from these Terms, you may be required to agree to those terms in order to access the Third Party Services. You agree to only use any Third Party Services in compliance with the terms and conditions governing such Third Party Services. Although we do our best to only provide links to credible and reliable Third Party Services, we do not control the terms, policies, or performance of any third parties, and we are not responsible for any performance, or failure to perform, of any Third Party Services. We do not provide customer support for transactions and/or services performed by Third Party Services providers. We do not guarantee that these Third Party Services are secure (although we do our best to include only the reliable ones). We do not guarantee that the Third Party Services' instructions and libraries used for any interactions are correct and without any errors.

  1. You are responsible for your User Content, whether publicly posted (i.e. in a user forum, if applicable) or privately transmitted (i.e. to us in connection with a support request). You are solely responsible for the accuracy and completeness of User Content you submit, and represent and warrant that you have all rights required in order to post or transmit such User Content. We may, in our sole discretion, delete any User Content that we determine violates these Terms or the Applicable Law. To the extent that you provide us with or we may have access to Personal Information in connection with your use of the Services, we will preserve, safeguard, and use such information as set forth in our Privacy Policy[b][c]. You represent that the Personal Information you provide is correct and accurate and undertake to update it in case any changes occur.

  1. You must provide all equipment and software necessary to use the Services yourself. You are solely responsible for any fees, including but not limited to internet connection, mobile or blockchain-related transaction fees, that you incur when accessing or using the Services.
  2. Deepwaters reserves the right to delist any Digital Assets from its Services via notification to the Account Holders that possess such funds on their accounts. In such case, Deepwaters will set reasonable time limits for the cessation of deposit-taking, exchange and withdrawals of the funds concerned. In case you fail to  exchange or withdraw such funds within the set time limit, Deepwaters reserves the right to exchange the outstanding funds of the delisted Digital Assets to other Digital Assets of their choosing. The corresponding Fee will apply.
  3. If you are depositing Digital Assets into your account, you warrant that you have acquired such Digital Assets via legitimate means and you may be required at any time to explain the source of these Digital Assets.
  4. By using the Services, you further understand and agree that any Rewards are not guaranteed and the timing of the Rewards may vary. You agree and understand that Deepwaters does not guarantee that you will receive these Rewards and that the applicable percentage or nominal value is an estimate only and not guaranteed and may change at any time in Deepwaters’s sole discretion.

  1. Connecting your wallet and creating an account
  1. In case you want to use the option to leave your Digital Assets within our platform, you must create an account on the Site. By creating an account, you become an Account Holder. You can use our Services through connecting your wallet; you can find the eligible wallets on the Site. Once you have connected a wallet you may edit your account profile.
  2. When you create the account on our Site, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. You must not provide false account registration information or make unauthorised use of anyone else’s information.
  3. As part of our account opening process you will be required to provide identification information to ensure compliance with Applicable Law, mainly AML. We will obtain this data either directly from you or through our partners.
  4. You are solely responsible for the information you supply in your account and for anything that occurs when anyone uses your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.
  5. Deepwaters reserves, at its sole discretion, the right to refuse your application or to terminate your account at any time for any reason and has no obligation to inform you of such reasons.
  6. Deepwaters may require you to provide additional information and documents at the request of any competent authority or in case of application of any Applicable Law, including laws related to AML Laws or CTF Laws.
  7. If you choose to use our Services in a form of non-custodial wallet, you do not need to create an account on the Site.
  1. Fees
  1. You agree to pay Deepwaters fees for the use of the Services.
  2. You can find our current fees on https://app.deepwaters.xyz/fees. We reserve the right to change our fees in the future.

  1. Intellectual Property

 

  1. Deepwaters (and/or its suppliers, where applicable) owns all rights, title and interest in and to the Deepwaters Content and the Site. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Deepwaters Content.

  1. Deepwaters and other related graphics, logos, service marks and trade names including but not limited to the Deepwaters Content used on or in connection with the Services are intellectual property of Deepwaters and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners including but not limited to Deepwaters’s suppliers.

  1. The Deepwaters Content is protected worldwide by copyright, trademark, or other intellectual property protection legally available. Subject to the Terms, Deepwaters grants you a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to reproduce portions of Deepwaters Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by Deepwaters in a separate license, your right to use any Deepwaters Content is subject to these Terms.

  1. You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and the provider of any Third Party Services used in connection with the Services, a non-exclusive license to use the User Content solely for the purpose of operating the Site and providing the Services. Except as prohibited by Applicable Law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to (a) comply with any Applicable Law, regulation and/or order of a competent authority; (b) enforce these Terms, (c) respond to your requests for customer service, (d) protect the rights, property or personal safety of Deepwaters, our employees, directors, officers, partners, suppliers, customers, agents, or members of the public, or (e) for any other purpose legally possible reasonably determined by us.

  1. You may provide Feedback to Deepwaters through any means, and you grant Deepwaters a fully paid, royalty-free, perpetual, irrevocable, worldwide, exclusive, and sublicensable right and license to use the Feedback for any purpose.

  1. Prohibited Conduct

  1. You may not use the Services for any purpose that is prohibited by the Terms or Applicable Law. You may not, including but not limited to, (a) use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of Applicable Laws, or to transact or deal in, any contraband Digital Assets, fiat, funds, property, or proceeds; (b) use the Site or any Services if any Applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to you under these Terms; (c)  use the Site or any of the Services to facilitate, approve, evade, avoid, violate, attempt to to violate, aid or abet the violation of, or circumvent any Applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws; (d) use the Site or any Services to evade taxes under the Laws of the Czech Republic or any other jurisdiction(s) applicable to you or the Site; (e) use the Site or any Services to engage in conduct that is detrimental to Deepwaters or to any other Site user or any other third party; (f) use the Site or any Services to: engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; enter orders or quotes in any Digital Assets market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or enter orders or quotes in any Digital Assets market with the intent of creating the false impression of market depth or market interest; or (g) violate, cause a violation of, or conspire or attempt to violate these Terms or Applicable Laws.

  1. By accessing the Services, you also agree not to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or Deepwaters Content, or any portion thereof; (b) frame or enclose any trademark, logo, or other Deepwaters Content, (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Deepwaters’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services (except to the extent this restriction is expressly prohibited by Applicable Law); (e) use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from the Site or from the Services (except that we grant operators of public search engines a revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content); (f) access the Services in order to build similar or competitive services; (g) copy, reproduce, distribute, republish, download, display, post or transmit any Deepwaters Content except as expressly permitted herein; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or Deepwaters Content. Deepwaters, its suppliers and service providers reserve all rights not expressly granted by these Terms. Any unauthorized use of the Services terminates the licenses and/or rights granted by Deepwaters herein.

  1. You shall not (and shall not permit any third party to) take any action or make available any content on or through the Services that: (a) infringes any intellectual property rights of any person or entity; (b) is unlawful, threatening, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (c) is unauthorized or unsolicited advertising, junk or bulk email; (d) involves commercial activities and/or sales, such as contests, sweepstakes, airdrops, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Deepwaters; (f) interferes with the proper functioning of the Services; (g) engages in any potentially harmful acts directed against the Site or the Services, including violating any security features, introducing malware, viruses, worms, or similar harmful code into the Site or the Services; or (h) attempts to do any of the foregoing.

  1. Non-Solicitation; No Investment Advice
  1. You agree and understand that all usage of the Site and the Services is considered unsolicited, which means that you have not received any investment, legal, tax or financial advice from us in connection with any such usage, and that we do not conduct a suitability review of any such usage.
  2. All information provided within the Site or the Services is for informational purposes only and should not be construed as investment, legal, tax or financial advice.
  1. No Fiduciary Duties

  1. THESE TERMS ARE NOT INTENDED TO AND DO NOT CREATE OR IMPOSE ANY FIDUCIARY DUTIES ON US. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT WE OWE NO FIDUCIARY DUTIES OR LIABILITIES TO YOU OR ANY OTHER PARTY, AND THAT TO THE EXTENT ANY SUCH DUTIES OR LIABILITIES MAY EXIST AT LAW OR IN EQUITY, THOSE DUTIES AND LIABILITIES ARE HEREBY IRREVOCABLY DISCLAIMED, WAIVED, AND ELIMINATED. YOU FURTHER AGREE THAT THE ONLY DUTIES AND OBLIGATIONS THAT WE OWE YOU ARE THOSE SET OUT EXPRESSLY IN THESE TERMS.

  1. Investigations

  1. Although Deepwaters does not generally monitor your use of the Services, if Deepwaters becomes aware of or suspects any possible violations by you of any provision of the Terms or any Applicable Law, Deepwaters may investigate such violations and, at its sole discretion, take any actions it deems appropriate including but not limited to terminating your access to the Services, putting your access to the Services on hold, putting your account on hold or terminating it permanently.

  1. Indemnification

  1. You agree to indemnify and hold Deepwaters harmless from any losses, costs, liabilities and expenses (including legal fees) relating to or arising out of: (a) your use of, or inability to use, the Site or the Services; (b) your violation of the Terms; (c) your violation of any rights of another party, including but not limited to any other users of the Services; or (d) your violation of any Applicable Laws. Deepwaters may, at its own discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Deepwaters in asserting any available defenses. This provision does not require you to indemnify Deepwaters for any fraud, gross negligence, or wilful misconduct of Deepwaters.

  1. Disclaimer of Warranties

  1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND DEEPWATERS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK OF USE OF THE SERVICES RESTS ENTIRELY WITH YOU.

  1. DEEPWATERS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DEEPWATERS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING THE USE OF THIRD PARTY SERVICES. THE RISK OF DAMAGE, LOSS OR INJURY FROM USE OF SUCH THIRD PARTY SERVICES RESTS ENTIRELY WITH YOU.

  1. Limitation of Liability

  1. By using the Services, you acknowledge and agree: (a) to be fully responsible and liable for your trading and non-trading actions and inactions on the site and all gains and losses sustained from your use of the Site and any of the Services; and (b) to be fully responsible for safeguarding access to, and any information provided through the Site and any of the Services.

  1. IN NO EVENT WILL DEEPWATERS BE LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT DEEPWATERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LIABILITY ASSERTED. IF ANY DISCLAIMER OR LIMITATION IN THIS SECTION 14.2. IS DEEMED INVALID, UNENFORCEABLE OR INEFFECTIVE BY THE APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATION SHALL BE DEEMED MODIFIED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.

  1. UNDER NO CIRCUMSTANCES WILL DEEPWATERS BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES EXCEEDING 500 USD. IF ANY DISCLAIMER OR LIMITATION IN THIS SECTION 14.3. IS DEEMED INVALID, UNENFORCEABLE OR INEFFECTIVE BY THE APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATION SHALL BE DEEMED MODIFIED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.

  1. THE LIMITATIONS IN SECTIONS 14.2. AND 14.3. WILL NOT APPLY TO DAMAGES CAUSED BY FRAUD, GROSS NEGLIGENCE, OR WILFUL MISCONDUCT OF DEEPWATERS, OR TO THE EXTENT SUCH LIMITATIONS ARE PRECLUDED BY APPLICABLE LAW (IN WHICH CASE DEEPWATERS’S LIABILITY SHALL BE INCREASED TO THE MINIMUM AMOUNT REQUIRED TO COMPLY WITH SUCH LAW).

  1. Term and Termination

  1. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access the Site or use the Services, unless terminated earlier in accordance with the Terms.

  1. Deepwaters may, at any time and for any reason, cease providing the Site or any or all of the Services, and/or terminate the Terms. Without limiting the foregoing, we may also terminate your access to any or all of the Deepwaters Content and/or the Services.

  1. Upon termination of the Services, your right to use the Services will automatically terminate immediately. Deepwaters will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of these Terms or the Services will do so, including but not limited to Sections 1, 3, 5, 8 ,9 , 10, and 15.

  1. Right of Withdrawal
  1. You acknowledge that under the Act No. 634/1992 Coll. on Consumer Protection Law of the Czech Republic, a consumer has the right to withdraw from an agreement without giving reasons within fourteen days beginning the day after their accepting the agreement, if the consumer’s contractual declaration was not made on premises used by the provider for business purposes.
  2. You acknowledge that in case you are a consumer, you have the right to withdraw from any contract agreed with a provider at distance or off-premises without giving reasons within fourteen days, beginning the day after conclusion of the contract.
  3. The right to withdrawal from an agreement does not apply for services or agreements concerning mainly (i) the provision of a service, where such provision has commenced with the consumer’s express consent and the consumer has declared that they have been duly advised of the fact that, by expressing such consent, they lose the right of withdrawal upon complete service provision, and the service has been provided completely; (ii) the sale of goods or provision of a service for which the price is dependent on price movements on the financial market which cannot be controlled by the seller and which may occur within the withdrawal period; and (iii) the provision of electronic content other than on a tangible medium, where such provision has commenced with the consumer’s express consent and the consumer has declared that they have been duly advised of the fact that, by expressing such consent, they lose the right of withdrawal.
  4. You hereby declare your express request that we shall in every case perform agreed Services immediately. You acknowledge your loss of the right of withdrawal owing to full performance of such Services. You therefore hereby waive your right to withdrawal from any agreed relevant Services.
  5. You may withdraw from any other services, i.e. agreements not specified in Section 16.3. without giving any reason within fourteen days of concluding of these Terms to exercise the right of withdrawal from these other services, you must notify us by written statement sent to support@deepwaters.xyz. It is sufficient for you to send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period. You may find more instruction on how to exercise your right to withdrawal here.
  1. Complaints
  1. If you wish to make a complaint about the provided Services, please send your complaint in writing to support@deepwaters.xyz. You must submit the complaint without undue delay after discovering a defect in the Services provided, but no later than thirty calendar days, otherwise the right to the complaint expires.
  2. The complaint must include your identification and contact details (email). You shall precisely identify and describe the defect in the Services as well as the time when, according to you, the quality of the Services provided was reduced. You shall also indicate which of the defect liability claims you are claiming and any other necessary information.
  3. We will review the complaint and provide the results of our investigation no later than thirty days of receipt of your complaint.
  4. The warranty and its conditions are governed by these Terms and relevant provisions of the Czech law. Rights and obligations between us and you regarding the rights arising from defective performance of the Services will be dealt with in accordance with the law of the Czech Republic.
  1. Miscellaneous
  1. Communications to you from Deepwaters use electronic means, whether made via the Services or sent via email, or whether Deepwaters posts notices on the Services. For contractual purposes, you (1) acknowledge that you will receive communications from Deepwaters in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Deepwaters provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing in a physical copy. The foregoing shall not affect your statutory rights.

  1. Where Deepwaters requires that you provide an email address, you are responsible for providing Deepwaters with your most current and correct email address. In the event that the last email address you provided to Deepwaters is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Deepwaters’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Deepwaters at the following email address only: support@deepwaters.xyz. Such notice shall be deemed delivered when the receipt of such notice is confirmed by Deepwaters to the email address you provided to Deepwaters.

  1. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of Deepwaters. Any attempt by you to assign these Terms without written consent is void. These Terms, and any of the rights, duties, and obligations contained herein, are freely assignable by Deepwaters without notice or your consent.

  1. Deepwaters will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to war, terrorism, riots, pandemics or epidemics, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

  1. If you have any questions, feedback, complaints or claims with respect to the Services, please contact us at: support@deepwaters.xyz. We will do our best to address your concerns.

  1. These Terms and any action related thereto shall be governed by and shall be construed in accordance with the laws of the Czech Republic. All claims and disputes arising under or relating to this Agreement are to be settled exclusively by the competent courts in the Czech Republic. You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of the Czech Republic, and you waive any objections thereto, including under the doctrine of forum non conveniens or other similar doctrines. These Terms will not limit any consumer protection rights that you may be entitled to under the Applicable Law.

  1. Any waiver of any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any delay or failure in exercising any right shall not constitute a waiver unless such waiver is confirmed in writing.

  1. If any part of any section of these Terms is held invalid or unenforceable, that part will be construed in a manner to reflect, as nearly as possible, its original meaning while remaining valid and enforceable or if not possible shall be deemed deleted and the remaining part of the section and/or of these Terms will remain in full force and effect.

  1. These Terms are the final, complete and exclusive agreement between you and Deepwaters with respect to the subject matter hereof and supersedes and merges all prior discussions, agreements or representations between you and Deepwaters with respect to such subject matter.
  1. Consumer information on dispute resolutions
  1. Any disputes between you and Deepwaters may also be resolved out of court. If you are a consumer under the Applicable Law, you can contact an out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection Authority (ČOI), Štěpánská 15, 120 00 Prague 2, Czech Republic, email: adr@coi.cz. More information is available at https://www.coi.cz/en/information-about-adr/. You may also use the online dispute resolution platform located at http://ec.europa.eu/consumers/odr. Before proceeding to out-of-court dispute resolution, we recommend that you contact us first to resolve the situation.

[a]link to Privacy Policy

[b]link to Privacy Policy

[c]link to Privacy Policy