1. DEFINITIONS AND INTERPRETATIONS
- 'PlasBit', 'we' or 'our', 'us' means PLASBIT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered address Villa Metro, Business House, ul. Puławska 145, Warsaw, 02-715 Poland, which provides the Services to you;
- 'Customer', 'you', 'your' means the customer using the Services or the Site;
- 'Site' or 'Platform' means the website www.PlasBit.com, our mobile apps or application programming interfaces ('API'), where Services are available. Under this definition also falls any associated websites that are relevant to the provision of Services;
- 'Services' means any of the services, functions, or features both collectively and individually offered on the Site;
- 'Prohibited Use' has the meaning set out in the Acceptable Use Statement, which is available on the Site;
- 'Associates' means PlasBit and each and every one of its respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, advisors, service providers, attorneys, licensors and successors;
- 'Fiat Currency' means any currency that a government has declared to be legal tender such as EUR, USD, etc.;
- 'Fiat Denominated Virtual Currency' is the Virtual Currency denominated in certain Fiat Currency (but never a Fiat Currency itself), which is created and may be used according to these Terms;
- 'Virtual Currency' means any virtual currency, cryptographic coin, or token allowed on the Site, such as BTC, ETH, etc.;
- 'Virtual Currency system' means any functionality that allows to access Virtual Currency. It includes but is not limited to features like wallets, blockchain technological solutions, networks, etc;
- 'AML' means Anti-Money Laundering and Terrorism Financing;
- 'Prohibited Jurisdictions' means any country: (i) which is subject to international sanctions; or (ii) where Virtual Currency or blockchain technology are prohibited, or the Platform does not meet the legal requirements of the country; (iii) not included in the list of the Supported Countries. A Prohibited jurisdiction will include the specific country and all of its states and territories in or under the laws of the country as you can find in our List of Prohibited Countries;
- 'Person' includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
- 'Supported Countries' means any country included in the list of the Supported Countries, where all or upon our decision, only part of the Services are available. The list is available on the Site;
- 'Force Majeure Events' means any event beyond PlasBit's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond PlasBit's reasonable control (each, a 'Force Majeure Event');
- 'Terms' means these General Terms and Conditions, including all documents and information incorporated into these Terms by reference, as described in the Terms;
1.1 In these Terms and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
1.2 Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa, and words importing gender include all genders.
2.1 These Terms constitute the agreement and understanding with respect to the use of any or all the Services, any manner of accessing them and governs the relationship between you and PlasBit, and between you and other service provider if that service provider provides specific Service.
2.2 All documents and information as described further, incorporated into these Terms by reference, are integral parts of the Terms and together with any other additional agreement or our technical requirements, statements, guidelines, or principles, including all updates of these documents and the information constitute one document and are legally binding to you. All these documents and information are available on the Site.
2.3 Depending on your jurisdiction and the law of your jurisdiction, you may not be able to use all or part of the Services. PlasBit reserves the right to select its markets and jurisdictions to operate solely and may restrict or deny its Services to certain countries and jurisdictions. The Services available for you will be accessible through your account. In case you wish to access the Services provided by a different PlasBit company other than one providing the Services to you, you shall create a new PlasBit account.
2.4 The Services allow you to deposit, hold, and withdraw Virtual Currencies, make deposits and withdrawals in Fiat Currencies, and make transfers with Virtual Currencies, among others. PlasBit may, at its own discretion, add new Services or terminate the existing ones. PlasBit may amend the terms of the Services, including the list of the Virtual Currencies allowed on the Platform, and add or remove them at any time at its sole discretion. Where required, you will be given an advance notification of such changes.
2.5 PlasBit provides you with the Platform as a means of access to the Services. However, certain Services accessible through the Platform can be facilitated by our partners, which will not constitute a breach of these Terms. Where necessary, you will be informed of this and asked to read and/or agree to any additional terms and conditions related to such Services.
2.6 You are solely responsible for following and identifying the requirements and being in compliance with the laws in your jurisdiction and all other laws or regulations applicable under your jurisdiction and/or jurisdiction from which you access the Site and/or the Services. The Services are not directed at or to be distributed to any persons domiciled under any jurisdiction where all or part of the Services may be contrary to local laws or regulations.
2.7 If using the Site and/or the Services are not legal in your country (whether you are a citizen, a resident, or a tax resident) and/or such transactions can be considered as securities, securities trading, initial public offering, crowdfunding or similar, you oblige not to use the Site and/or Services. Failure to comply with local laws may result in losing your account and any assets contained within.
2.8 These Terms are only binding to the rights and obligations between you and PlasBit and other Service providers if applicable, and do not involve legal relations and legal disputes arising from and relating to transactions of the Virtual Currencies between the users of the Platform, and between other websites or third parties and you.
3.1 Your access to and use of the Site and/or any Services is subject exclusively to these Terms. By registering to and using the Site and/or the Services, you confirm that you have read, understood, and completely and unconditionally agree to be bound by these Terms, including all documents and information incorporated into these Terms by reference.
3.2 In the event of any inconsistency between these Terms and any other document or information incorporated in the Terms by reference or on the Site, these Terms will prevail.
3.3 You understand and agree that you are free to choose whether to use the Site and/or the Services and do so at your sole option, discretion and risk. However, if you disagree with these Terms or individual provisions of the Terms and/or with any subsequent amendments, changes, or updates, you cannot use the Site and any of the Services; your only recourse in the case of disagreement is to stop using the Site and all of the Services.
3.4 PlasBit may change, amend, update, delete or add to these Terms or any of the terms and conditions contained in any policies or rules governing the Site and/or the Services at any time and in its sole discretion.
3.5 PlasBit will provide notice of these changes by posting the revised Terms or any part of it on the Site with an updated date at the top of the Terms. We can also provide such information via email, your account, or any other means. PlasBit reserves the right to choose a preferred notification method at its sole discretion. You undertake to check your account and email regularly.
3.6 Any changes will be effective immediately upon the posting of the revised Terms, any part of it or any other document or information incorporated in the Terms by reference or on the Site, regardless of the means of notification chosen by PlasBit. You are solely responsible for reviewing such notice (if applicable) and the corresponding changes to the Terms, any part of it or any other document or information incorporated in the Terms by reference or on the Site. Your non-termination or continued use of the Site and/or the Services following the updates to the Terms, any part of it or any other document or information incorporated in the Terms by reference or on the Site constitutes your acceptance of them, as modified by such updates. If you do not agree to such changes, you must stop using the Site and/or the Services and contact us regarding the termination of these Services.
4. ACCOUNT MANAGEMENT
4.1 In order to use some or all Services, including any or all functionalities of the Site, you are required to register and provide any requested information. As part of our registration procedure and in accordance with our AML obligations, we will conduct a verification process to the extent we deem necessary and verify your identity and eligibility to use our Services or the Site.
4.2 We will establish an account for you or continue the provision of the Services only after the verification process is completed. The extent of verification will differ depending on which PlasBit company provides the Services and your overall risk profile.
4.3 PlasBit may, at its sole discretion and without indicating the reasons, refuse to register or open an account for you at any time.
4.4 Only one registration and account per person is allowed unless otherwise indicated by PlasBit. Accounts can only be used by the person under whom they are registered. If you are an authorized representative of a legal entity, you are allowed to have one additional account on behalf of this entity. It is forbidden to use any account other than your own to access the account of any other user of the Platform at any time or assist others in obtaining unauthorized access.
4.5 For the purpose of your identification and in order PlasBit to comply with the legal requirements, you are required to provide PlasBit with certain personal information, answer certain questions and take certain actions. By submitting this or any other personal information as required, you verify that the information is accurate and authentic, and you agree to update PlasBit if any information changes. You will thereby authorize PlasBit to, directly or through third parties, make any inquiries PlasBit considers necessary to verify your identity and/or to protect against fraud or detect money laundering, financing of terrorism or any other financial crime, including, but not limited to, to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance) or to query any other information which may be required under the applicable law, and to take any action PlasBit reasonably deems necessary based on the results of such inquiries and reports. Where necessary, you will have to specifically authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests or, alternatively, obtain any such data on your own and submit it to PlasBit in a manner reasonably required by PlasBit. Failing to comply with the requirements set out in this article will be considered a valid reason to suspend your account.
4.6 During the registration and at any time after the registration, you must, at our request, provide PlasBit with all the required documents and information within the time limit and form (including, but not limited to, certified, apostilled or notarized copies) specified by PlasBit at your own expense. You must ensure that your documents or information provided to PlasBit are truthful, correct, accurate, complete and updated. You acknowledge and agree that you are obligated to keep all information provided up to date and will promptly inform PlasBit about any amendments to the documents and information previously submitted by you to PlasBit.
4.7 PlasBit reserves the right to suspend certain Services and the usage of the account and freeze your funds until your registration data and/or identity and/or any information related to you or your account is completely verified. Verification of your account will be determined at our sole discretion. Failure to completely verify your account may result in account closure, and such a decision will be made by us at our sole discretion, and, where applicable, a statutory action will be taken against you.
4.8 You are responsible for all activities that occur under your account, all damages caused and accept all risks of any authorized or unauthorized access to your account to the maximum extent permitted by law.
4.9 PlasBit reserves the right to suspend or close the accounts or certain Services and freeze the funds deposited with us if PlasBit suspects or detects any of the following:
4.9.1 the account or Services are or may be used for any illegal activity in an unauthorized or fraudulent manner;
4.9.2 the account is or may be used in relation to businesses listed in the Acceptable Use Statement and such use has not been pre-approved by PlasBit;
4.9.3 the account is or may be used by persons other than the persons whose names they are registered under;
4.9.4 the Customer has violated these Terms (including any documents incorporated herein by reference);
4.9.5 such action must be taken under the applicable law or under any official authority request or recommendation;
4.10 PlasBit will not take any legal responsibility for losses concerning suspending and closing accounts or certain Services or freeze of funds. If, under any official request or legal obligation, we may be requested or ordered to assist with any official investigation into your account activity, we will aid such investigation by providing the information in our possession. PlasBit reserves the right to charge a Customer a penalty fee at the company's sole discretion if any measures upon clause 4.9 have been applied. In such cases, an additional fee from the Wallet balance may be applied as well.
5. ELIGIBLE USE
Persons that are on any trade, financial, or economic sanctions lists;
Persons that intend to use the Site and the Services for any illegal activity, including, but not limited to, money laundering and the financing of terrorism;
Persons that fail to meet any Customer due diligence standards, requests, or requirements of PlasBit and/or are deemed high risk by PlasBit according to criteria established at the sole discretion of PlasBit;
Persons that have previously been rejected or deleted from using the Platform and the Services and/or violated these Terms of Service;
Persons that do not follow the laws and regulations in their jurisdiction regarding usage of the Site and the Services.
5.1 Use of the Platform and/or the Services is limited to persons 18 years or older with full legal capacity to enter lawfully and form contracts under applicable law.
5.2 The use of the Site and the Services is void where prohibited by law.
5.3 Prohibited Jurisdictions are expressly excluded from these Terms. Therefore, the Site and the Services are not offered to citizens, residents, and tax residents (including their beneficiaries) of the Prohibited Jurisdictions. You are prohibited from using the Site and the Services if you are a citizen, a resident, and/or a tax resident of the Prohibited Jurisdictions, any created or organized entity, including, without limitation, any company, corporation, or partnership located or domiciled in the Prohibited Jurisdictions.
5.4 Additionally, the following persons (including their beneficiaries) cannot use the Site and the Services:
5.1 By accessing and using the Site and any Services, you acknowledge, declare, and expressly represent and warrant that none of the aforementioned eligibility circumstances is applicable to you.
5.2 We consider some businesses to pose more risks to us than others; therefore, we may require that you obtain our express prior approval before using the Services if you operate or are engaged in any such businesses.
5.3 PlasBit reserves the right to refuse registration or the commencement of a relationship with you under these Terms without any reason. You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services.
6. APPLICABLE FEES
6.1 You agree to pay all applicable fees in connection with your use of the Plasbit Services. The fees are determined at our sole discretion and are non-negotiable. If you disagree with the fees, you will not be able to use the Services. Information about the applicable Fees and Limits can be found on the Site. We may change the fees at any time at our sole discretion and without your consent. Fee changes will be effective after posting the revised fee information. They will apply prospectively to any Services use following the effective date of such revised fee information.
6.2 If you owe us an amount in one Digital Asset and do not have sufficient assets in that Digital Asset, we may deduct the sums owed in another Digital Asset to effect payment (in which case we will convert the Digital Asset you hold into the Digital Asset in which the sums owed to us are denominated (or the Fiat Currency equivalent), at the rate currently offered on the Platform or at such other commercially reasonable rate as we may determine).
6.3 If you use any of our Services that a third party facilitates, additional fees may apply and will be included inthe total amount of fees payable by you to PlasBit.
6.4 You authorize us, or our designated payment processor, to charge or deduct your account funds for any applicable fees owed in connection with your use of the Services.
6.5 If you fail to pay fees or any other amounts owed to PlasBit under these Terms and PlasBit refers your account(s) to a third party for collection, then PlasBit will charge you to cover our collection-related costs. These additional charges can be deducted from your funds in the account.
7. LIABILITY AND INDEMNIFICATION
7.1 You are solely responsible for any actions performed while using the Site and the Services
7.2 You are under the legal obligation to act in accordance with these Terms and applicable law and refrain from any actions that may cause monetary or reputational damage to PlasBit, its Associates, the Site or the Services, as well as other our clients.
7.3 PlasBit will not be liable for any damage or loss incurred by you, your associates and Customers or persons represented by you due to the fact that you, regardless of our recommendations and your own commitments, did not get familiar with these Terms or failed to visit the Site periodically and familiarize yourself with any changes to the Terms.
7.4 To the full extent permissible by applicable law, PlasBit disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PlasBit does not warrant that the Services, information, content, materials, products (including software) or other services included in or otherwise made available to you through the Services, PlasBit servers or electronic communications sent from PlasBit are free of viruses or other harmful components. PlasBit does not accept liability beyond the remedies set forth herein, including any liability for the Services not being available for use or for lost or corrupted data or software, or the provision of Services and support.
7.5 To the fullest extent permitted by law, PlasBit will not be liable (whether in contract, tort, including negligence, or under any statutory implied term) for any damages of any kind, including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue, loss of data or injury) arising out of or in connection with your use of the Site and the Services (including other services and products made available through the Services), the inability to use the Services, even if advised of the possibility of such damages.
7.6 You undertake to defend and indemnify PlasBit and its Associates from any claim or demand, including reasonable attorney's fees, arising from your failure to comply with these Terms, your violation of any law, or the rights of a third party.
7.7 You will be liable for all reversals, chargebacks, fees, fines, penalties, and other liabilities and/or losses incurred by PlasBit or its Associates due to your use of the Site and/or the Services. This will also apply when the loss is incurred by PlasBit as a result of your knowingly erroneous claims, defamatory public statements or false accusations. You are legally obligated to reimburse PlasBit and its Associates for any and all such liability.
7.8 When using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links. We do not control, endorse or adopt any third-party content and will have no responsibility for third-party content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties, is at your own risk.
7.9 PlasBit is not a creator, issuer or developer of any of the Virtual Currencies indicated on the Site (including, but not limited to, Bitcoin (BTC), Ether (ETH), NEM (XEM), DASH (DASH), Tether (USDT), Banker (BNK)). Therefore, PlasBit will in no way be liable for any actions or inactions of the creators, issuers and developers of the Virtual Currencies and any usage and/or attributes of such Virtual Currencies.
7.10 You are responsible for maintaining adequate security and control of any and all identification numbers, passwords, or any other codes that you use to access the Site.
7.11 In the case certain Services or your account is suspended or the funds deposited are frozen, PlasBit reserves the right to convert all your funds to a chosen Stable Virtual Currency or Fiat Currency to avoid value fluctuations until the matter is solved. PlasBit assumes no responsibility or liability whatsoever for any losses or other issues that might arise from such situations.
7.12 It is your responsibility to determine what, if any, taxes apply to your use of PlasBit Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PlasBit is not responsible for determining whether taxes apply to your use of our Services, or for collecting, reporting or remitting any taxes arising from any transaction.
7.13 PlasBit will not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or, (ii) the transmission or delivery of information; (2) any loss or damage arising from any Force Majeure Event.
7.14 PlasBit does not provide financial advice in any form and cannot be considered as a financial advisor company, a financial brokerage company or an investment company or fund. No content, Services or products available on the Site or via any form of communication may be taken as financial advice or a financial/investment recommendation. Your account (including Wallet functionality) is not a bank account, payment account, electronic money account or interest bearing account and it cannot be associated with these types of accounts and their benefits, including, but not limited to, payment of interest, protection by law, deposit and investment insurance.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our Site or provided in connection with the Services, including, without limitation, the PlasBit logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the intellectual property of PlasBit and our Associates and are therefore protected by applicable intellectual property laws.
8.2 You are only allowed to use our intellectual property to the extent it is reasonably necessary in order for you to use the Site and the Services. It is prohibited to resell any of our intellectual property; distribute it or display publicly; modify or otherwise make any derivative uses of our intellectual property; use the intellectual property for any other purpose than explicitly allowed under these Terms.
8.3 Due to the risk of fraud, duplicate or fake accounts, and other reasons, it is prohibited to promote your PlasBit referral URL through the use of paid advertising and to use PlasBit branded terms in your ad copy. This includes, but is not limited to, bidding or running ads on search brand keywords that include PlasBit and similar variations. You can use any channel you want to reach potential referrals. However, even though we make a good faith effort to do the payouts, those who promote their PlasBit referral links on malicious and unsafe sites will have their referral links deactivated.
9. IDENTITY VERIFICATION
9.1 In order to establish a Plasbit Account and utilize certain Plasbit Services, either independently or via a third-party service, you are required to adhere to our identity verification protocols. This entails furnishing comprehensive, precise, and truthful information about yourself and, if applicable, all Permitted Users associated with your account. It is your responsibility to ensure the information remains current and to update it as necessary.
9.2 You hereby grant us authorization to conduct investigations, directly or through third parties, as we deem necessary for the verification of your identity and that of any Permitted Users. These investigations are aimed at safeguarding both you and us against risks such as fraud, money laundering, terrorist financing, or other types of financial crimes. We reserve the right to take appropriate actions based on the outcomes of these inquiries.
9.3 Furthermore, you acknowledge and consent to the possibility that during these verification processes, personal data pertaining to you and any Permitted Users may be disclosed to agencies specializing in identity verification, compliance data recording, credit referencing, fraud prevention, or financial crime. You understand that these agencies may provide us with comprehensive responses to our inquiries.
Asset Offline Storage: All user assets are securely stored offline on cold storage. This approach safeguards these assets from potential hacker attacks. Only company funds are maintained online for user withdrawals, enhancing overall security.
Two-Factor Authentication (2FA): We require users to activate Two-Factor Authentication, utilizing either Google Authenticator or Microsoft Authenticator. This extra layer of security ensures that access to accounts remains highly protected.
Password Protection: User accounts are equipped with robust password protection mechanisms designed to prevent password hijacking and enhance account security.
Multi-Source Authentication for Withdrawals: To process a withdrawal, users must provide two out of three codes from separate sources, including email, phone, and Google Authenticator. This stringent requirement adds an additional layer of security to withdrawal.
Clickjacking Protection: We employ X-Frame-Options to defend against Clickjacking attacks, ensuring that users' interactions with our platform remain secure and tamper-proof.
10.1 We have implemented a comprehensive set of protective measures, including:
10.1 PlasBit will not be liable for your insecure computer and/or internet connection, operation of the Virtual Currency peer-to-peer network and any Virtual Currency related software. It is your sole responsibility to keep your account credentials, passwords, login data and 2FA data secure. You must keep secure your email account, phone and other means and devices that you use to login into your PlasBit account and/or authorise your transactions. PlasBit does not undertake to secure any of these means and/or devices and will not be liable in the event they are breached, lost or stolen and this results in potentially unlawful or unauthorized use of your PlasBit account.
10.2 In the case of unauthorized access to your account and loss of funds, PlasBit does not undertake to remunerate your losses. You must personally refer to the competent authorities.
11. PRIVACY AND PERSONAL DATA MANAGEMENT
12. ACCOUNT TERMINATION
12.1 These Terms (subject to any future amendments) will apply as long as you have account(s) with us. You may close your account(s) with us by contacting our support team and following their instructions. Once all your account(s) with us are closed, these Terms, including all terms and conditions regarding specific Services will cease to apply to you, with exception of the part of the Terms which survives the termination of the Terms (e.g. confidentiality, privacy provisions). Closure of the Account automatically terminates the provision of any Service.
12.2 At any time and for any reason at our sole discretion we may close your account and reject all pending transactions without notice to you. In such an event, we may give you an advance notice of account closure and guide you through the process of withdrawing your funds which at the time may be deposited with us. PlasBit will have no liability or obligation for taking such action.
12.3 In the event of a breach of these Terms, we may, at our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may deactivate your access to the Services at our sole discretion, immediately and without prior notice, and close or deactivate your PlasBit accounts and all related information and files in such account without liability to you, including, for instance, in the event that you breach your obligation to verify your identity. In the event of closure of your account, we will attempt to return any funds stored in your PlasBit accounts not otherwise owed to PlasBit, unless PlasBit believes you have committed fraud, negligence or other misconduct.
12.4 In case of closure of your account or termination of the specific Services, PlasBit will deduct from your account funds amounts payable for PlasBit services provided to you, also fines, forfeits, losses and other amounts paid to third parties or the state, which PlasBit has incurred due to your fault. In case the amount of money on your PlasBit account is insufficient, you undertake to transfer indicated amounts to your PlasBit account within 3 business days.
12.5 You may be denied account closure and/or return of the funds if PlasBit is under the legal obligation to prevent you from achieving these results, e.g. in the event of statutory funds freeze.
13. APPLICABLE LAW
13.1 These Terms are governed by and interpreted in accordance with the laws of the Republic of Poland.
13.2 Any disagreements or disputes between you and PlasBit, arising from the use of Services and being regulated by these Terms will be brought before the competent courts of Warsaw, Poland, unless they are settled by negotiations between the Parties.
14. NO WAIVER ; SEVERABILITY ; SURVIVAL
14.1 No waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
14.2 Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
14.3 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from PlasBit, including by operation of law or in connection with any change of control. PlasBit may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
14.4 Survival. Certain provisions of these Terms and any of the documents comprising an integral part of the Terms will survive termination, including, but not limited to, provisions stipulating eligibility, use of your account, fees, copyrights and other intellectual property rights, liability and indemnification, applicable law, complaints and dispute resolution, and other provisions which in accordance with the applicable law survive the termination of the Terms.