LAST UPDATED: July 2023

Please see our Privacy Policy here.

BY MAKING USE OF CMORQ SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF VIRTUAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF CMORQ SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) CMORQ SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

Upon the initial deposit of a minimum of non-refundable 1 Brazilian Real (BRL) via the Brazilian PIX system, the user's wallet achieves Web3 eligibility within the cmorq app, a step towards enabling interaction with Web3 ecosystems. This process employs Cadastro de Pessoas Físicas (CPF), a unique identifier for Brazilian citizens, to authenticate your wallet. The utilization of your CPF in this manner serves as a security measure, establishing a verifiable link between your wallet and personal identification.

Upon successful verification, an option to further secure your wallet with an additional password becomes available and so does access to a range of in-app features, providing a more comprehensive experience.

By using related services through cmorq platform you are agreeing to the following terms of service/s as well:

Note: Please refer to Bridged USDC Terms for applicable terms here and privacy policy here while using USDC on Polygon and other Layer 2 chains.

Acceptance of the Terms of Service

These terms of service are entered into by and between the user (“you”) and cmorq inc. ("cmorq”, "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service'') and all applicable laws and regulations, govern your access to and use of the cmorq Services ("Services") including: (i) the cmorq Dashboard; (ii) cmorq CSV/Sheets Access; (iii) cmorq APIs; (iv) cmorq Data; (v) the cmorq app (“App”); and (vi) the www.cmorq.com Website and associated domains and subdomains ("Website"). By accessing and using the Services, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into these Terms of Service, and agree to be legally bound by these Terms of Service. Please read the Terms of Service carefully before you start to use the App or the Website. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Services. If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such an entity, and in that case the terms “you” or “your” shall refer to such entity.

Changes to these Terms of Service

cmorq reserves the right to revise, change, modify and update any of the terms and conditions contained in these Terms of Service at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the App or the Website. Your continued use of the Services following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

Company Information

Incorporated in Delaware under the name cmorq inc. as a private company.

Contact: support@cmorq.com

Compliance with Applicable Laws

Your relationship with cmorq and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction. By agreeing to be bound by these Terms of Service, you agree to act in compliance with and be legally bound to any and all such applicable laws. You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any country to which the United States has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department; (c) shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so, and (d) are not a Politically Exposed Person, which includes but is not limited to persons holding offices or positions on behalf of a government, in any of the following roles:

Prohibited Uses and Violation of These Terms

cmorq maintains a policy of strict regulatory compliance. As a U.S. registered Money Services Business, please note that cmorq prohibits wallets with transfers to and/or from addresses known to be or to contain (as applicable) any of the following:

Mixers;

Pyramid or Ponzi Schemes;

Gambling Sites;

Darknet Marketplaces;

Sanctioned Wallets;

Funds that may be legally claimed by a third party; and

Funds otherwise associated with illegal activity.

cmorq, further, is intended for use by individuals and will reject any sign-ups or transactions for entities. cmorq does not accept payments made with credit cards. User’s who transact with payment cards may only transact with debit cards.

cmorq retains the right to block external wallets, block access to a wallet created within the cmorq app, or return the value of a cmorq wallet in the form of fiat to the originating financial institution as necessary upon receipt of transfers from these sources or initiation of transfers to these destinations. Please note that any attempt to circumvent these policies, or any other section of these terms will result in similar action.

Payment Terms

The payment card which you provide will automatically and immediately be billed for the Services you subscribe to ("Subscription"). If you cancel your Subscription you will no longer be billed but no money already paid will be refunded. If your card is invalid for any reason, cmorq has the right to terminate the Subscription immediately.

There is no minimum transaction amount for cards issued within the U.S. or a U.S. region or territory.

Confidentiality of Access

You are responsible for maintaining the confidentiality of the API key or password that gives you access to the Services. You are also responsible for any and all activities that occur within your wallet. You agree to immediately notify cmorq Support of any unauthorized use of your API key or any other breach of security. You acknowledge and agree that cmorq will not be liable for any loss or damage arising from your failure to comply with these requirements. Your use of the Services is personal to you, and you may not transfer or make available access to the Services to others. Any sharing or distribution by you of your access privileges may result in cancellation of your use of the Services without refund.

Wallet

When you access certain features of the Services, you will be able to create a wallet and/or access a wallet to perform a variety of transactions. Title to your cryptocurrency, digital currency, digital assets, or crypto-assets (collectively, “Virtual Currencies' ') shall at all times remain with you and shall not transfer to cmorq. Your Virtual Currencies are on the blockchain itself, and we do not control them. As the owner of your Virtual Currencies, you shall bear all risk of loss of such Virtual Currencies, and cmorq shall not have any liability for fluctuations in the fiat currency value of your Virtual Currencies.

Users interacting with Virtual Currencies as investments should be aware that all investments involve risks, including the risk of loss of some or all assets. Losses are not insured, and the user assumes responsibility for all losses. Users are advised to exercise caution, conduct research, and not to transact more than they can afford to lose.

Prior to using the Services for any purpose, we highly recommend that you read our guides, "cmorq: An Introduction," and “Pro-Tips: How to Avoid Phishing/Scams” for some recommendations on how to be proactive about your security. In addition, we recommend that you review the additional FAQs, tips, and guidelines provided on the Site.

In order to be completed, any transaction in Virtual Currencies created with the wallet must be confirmed and recorded in the ledger associated with the relevant digital asset network. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by cmorq. cmorq has no control over any digital asset network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the network used to process the transaction. We do not guarantee that the wallet can transfer title or right in any digital asset or make any warranties whatsoever with regard to title.

You are solely responsible for remembering, storing and keeping your wallet password secret. Any digital assets you have associated with such a wallet may become inaccessible if you do not know or keep your wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of the digital assets in your wallet. You agree to take responsibility for all activities that occur with your wallet and accept all risks of any authorized or unauthorized access to your wallet, to the maximum extent permitted by law.

Supported Digital Assets.

Unless otherwise explicitly expressed or mentioned on our website or this agreement, cmorq only offers support for the Supported Digital Assets. Under no circumstances should you attempt to use your cmorq Wallet to store, send, request, or receive any assets other than Supported Digital Assets. cmorq assumes no responsibility in connection with any attempt to use your cmorq Wallet with digital assets that we do not support. You acknowledge and agree that cmorq is not liable for any unsupported digital asset or assets that are otherwise lost assets after being sent to a wallet associated with your cmorq Account.

If you have any questions about our current list of Supported Digital Assets, please visit this page.

Use of the Data, the App, and the Website

The Data is owned by cmorq, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We are granting you a limited, non-exclusive, non-transferable, license to access and use the Data, including the third party data. In addition, any third party data may be subject to restrictions of use and require additional license agreements with the data owner. You may, under granted license by cmorq, display the Data to the general public on a public website owned or controlled by you, or within a software application distributed to the general public by you, or to create applications which allow the general public to screen the Data for investing ideas or back-test investing strategies; provided that the website(s) or application(s) using the Data cannot allow the Data to be exported out of the website or application in bulk form. Some limited export capabilities from the website or application (such as to Excel) are allowed as long as the amount of data exported is limited to that which pertains to one or a few symbols, and the end user license agreement for that website or application clearly states that any data exported can only be used for personal research purposes. You may share this data in unlimited amounts with any number of people within your organization, for use only in connection with the performance of their professional responsibilities to your organization, provided they have agreed to comply with these Terms of Service. You may not offer the Data, or any part thereof, for sale, rent, license or commercial redistribution in raw or bulk form. In addition, use of the Data shall be subject to the Technical Specifications and Pricing provisions below.

No right, title, or interest in or to the Data is transferred to you, and all rights not expressly granted are reserved by cmorq. Any use of the Data not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

You shall safeguard the Data from infringement, misappropriation, theft, misuse, or unauthorized access. You shall promptly notify cmorq if you become aware of any infringement of cmorq’s intellectual property rights in the Data and fully cooperate with cmorq in any legal action taken by cmorq to enforce its intellectual property rights.

Additionally, you agree not to:

No Warranty

YOUR USE OF THE SERVICES, THE APP, THE WEBSITE, AND THE DATA IS AT YOUR OWN RISK. THE SERVICES, THE APP, THE WEBSITE, AND THE DATA ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CMORQ ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, THE APP, THE WEBSITE, AND THE DATA, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. CMORQ IN NO WAY WHATSOEVER GUARANTEES THAT USE OF ANY PRODUCT ASSURES COMPLIANCE WITH REGULATORY GUIDELINES SUCH AS, BUT NOT LIMITED TO: HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), PAYMENT CARD INDUSTRY (PCI) DATA SECURITY STANDARD (DSS), U.S. DEPARTMENT OF DEFENSE (DOD) DEFENSE INFORMATION SYSTEMS AGENCY (DISA) SECURITY TECHNICAL IMPLEMENTATION GUIDES (STIGS). WITHOUT LIMITATION TO THE FOREGOING, CMORQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, THE APP, THE WEBSITE, AND THE DATA WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ALL CONTENT AND SERVICES ARE SUBJECT TO CHANGE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Usage limits

The extent of your usage of the Services is dependent on your Subscription plan. You shall not exceed the usage limits associated with your Subscription. Unused amounts of call usage will not be carried over from one period to the next. If you exceed your usage limit, the API will return an error message stating that you usage limit has been reached and no further API calls can be made within the current period term. It is your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. We will make reasonable efforts to help you identify and resolve usage problems, or to review the suitability of your current subscription plan for your needs. cmorq reserves the right to limit or throttle the number of network calls available to your application(s) if we (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

Third Parties

You understand that we may use third party vendors to provide necessary hardware, software, networking, storage, and related technology to provide the Services. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third parties.

No Service

You understand and agree that cmorq and its third party suppliers make no representation, warranty or condition that:

cmorq and its third party suppliers disclaim all liability for the use or interpretation of the services data. Services data may be delayed, inaccurate or contain errors or omissions, and cmorq and its third party suppliers will have no liability with respect thereto. cmorq does not endorse nor is it responsible for the services data of any third party supplier.

Indemnification

You agree to indemnify and hold us, our licensors, and our service providers, and our respective directors, officers, employees, shareholders, subsidiaries, affiliates, agents, successors, and assigns harmless from and against any and all claims, liabilities, judgments, awards, causes of action, losses, expenses, damages, and costs, including attorneys’ fees, arising out of or relating to:

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CMORQ OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES, INCLUDING THE DATA; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY LOSS OF OR DAMAGE TO DATA, EX GRATIA PAYMENTS, LOSS OF PROFIT, LOSS OF CONTRACT OR LOSS OF OTHER ECONOMIC ADVANTAGE (IN EACH CASE WHETHER DIRECT OR INDIRECT) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COLLATERAL CONTRACT, OR THE PRODUCTION, SALE, SUPPLY OR USE (BY CMORQ, THE END USER OR ANY THIRD PARTY) OF THE PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND WHETHER FORESEEABLE OR NOT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCIES, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCIES DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

Termination

You may terminate your use of the Services at the end of the then current term by submitting a termination request to cmorq Support. You agree that cmorq may, without prior notice, immediately terminate, limit your access to or suspend your use of the Services. Cause for such termination, limitation of access or suspension will include, but not be limited to:

Further, you agree that all terminations, limitations of access and suspensions will be made in cmorq’s sole discretion and cmorq will not be liable to you or any third party with respect thereto. If cmorq terminates your use of the Services without cause, cmorq will provide you with a pro rata refund of any prepaid subscription fees for the Services for the period after the date of termination. Upon termination by you or upon notice of termination by cmorq, you must destroy promptly all materials obtained from the Services and any copies thereof.

No Assignment

You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms of this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without cmorq's prior written consent, which consent cmorq may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation, or reorganization involving you (regardless of whether you are a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement for which cmorq's prior written consent is required. No delegation or other transfer will relieve you of any of your obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this provision is void. cmorq may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

General Provisions

The failure of cmorq to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty and conditions disclaimers and liability limitations above, the parties nevertheless agree that the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of the Terms of Service remain in full force and effect. If the invalid or unenforceable provision cannot be so replaced, then that provision will be considered severable from the remaining provisions, and will not affect their validity and enforceability.

Governing Law and Jurisdiction

All matters relating to the App, the Website, the Data, the Services, and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Delaware or any other jurisdiction).

Subject to the provision with respect to Dispute Resolution for US Users, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the App, the Website, the Data, or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution for US Users

Disputes

If you live in the United States (or, if you are a business, have your principal place of business in the United States), any dispute arising between you and us under these Terms of Service or our relationship (whether arising out of contract, tort, statute or any other manner) shall be settled in binding arbitration, in accordance with the Federal Arbitration Act under the American Arbitration Association’s rules; provided, however, nothing in this Agreement will waive, preclude or otherwise limit your right to (i) bring an individual action in a U.S. small claims court or (ii) file a representative action solely to obtain a public injunction.

Arbitration

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish of your billing address, or another mutually agreeable location, in the English language. The arbitrator shall apply the laws of the Commonwealth of Delaware, without regard to its conflict of laws principles. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorised by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys' fees.

If the arbitrator(s) or administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. If a court decides that any provision of this section concerning Arbitration is invalid or unenforceable, that provision shall be severed and resolved in accordance with Delaware law exclusively and the other parts of this section concerning Arbitration shall still apply. In no case shall the remainder of these Terms of Service be affected. If the invalidity or unenforceability of a provision causes a dispute to proceed in a court instead of arbitration, the Parties agree that such court must be located in Delaware, applying Delaware law.

No Trial by Jury

By entering into this User Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.

Taxes

It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. cmorq is not responsible for determining whether taxes apply to your transactions in Virtual Currencies or for collecting, reporting, withholding or remitting any taxes in connection therewith.

Equitable Remedies

You acknowledges and agree that a breach or threatened breach by you of any of your obligations under this Agreement would give rise to irreparable harm to cmorq for which monetary damages would not be an adequate remedy and hereby agree that in the event of a breach or a threatened breach by you of any such obligations, cmorq shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).

No Waivers

No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Payment Information

We collect and process payment information from you when you subscribe to the Services, including payment card numbers and billing information, using third party PCI-compliant service providers. If you give us card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of card processing on our behalf.

Refunds and Returns

If you are entitled to a refund for any reason for goods or services obtained with your card, the refund shall be processed in accordance with the terms of your card issuing bank. Funds will be sent back to the original source of payment within 24 hours of your request. Your bank may require additional time to post the credit to your account. Please check with your card issuing bank for the timeframe to post credits.

Automatic Conversion of PIX Payments into USD Coin (USDC) for Brazil users

Pursuant to the fulfillment of any financial obligations via the PIX payment network for our clientele located in the Federative Republic of Brazil, please note that the entirety of such transactions, in due course, will be subjected to an automatic conversion into USD Coin (USDC), a digital asset, or 'stablecoin', whose value is intrinsically tied to that of the United States Dollar.

Please note that this clause represents an integral part of our standard operating procedures regarding transaction handling and shall not be subject to modifications or exemptions on an individual case basis. We thereby strongly recommend that you account for the potential ramifications of this automated conversion process. If necessary, prospective users should seek independent financial and/or legal advice prior to engagement. For further USDC specific terms please refer to the token terms linked above.

The cmorq Website

“cmorq.com”, including CMORQ, the cmorq mobile app, and the CMORQ Logo without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the cmorq Services or displayed on the cmorq website are either trademarks or trade dress of cmorq Inc. or its licensors in the United States. You may not copy, imitate or use them without cmorq's prior written consent for any purpose, including without limitation, in: connection with any product or service that is not authorized by cmorq; any manner that is likely to cause confusion among customers; or a way that disparages or discredits cmorq.

External Websites

Our Websites provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

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Technical Specifications and Pricing

Subscription Options

Ongoing Subscription -- Access to data as it becomes available (back history also available with ongoing subscription). The ongoing subscription includes 12 months back history with a minimum term of 12 months.

One-time Purchase -- Access to a specific time period (available in monthly intervals).

First 12 months charged at the Access Fee and additional historical data charged at the Back History Fee for each data content month purchased.

Fees

Direct Access Fee - charged for each data content month for each customer who receives data directly from cmorq,

Indirect Access Fee - charged for customers who receive data access indirectly through the cmorq authorized redistributor.

Redistribution Fee - For those customers redistributing derived data, a Redistribution Fee will be applied for the redistribution of the data from the customer. (Please refer to the Redistribution Usage Fee schedule).

Internal Use

Access Fee includes employees, officers or wholly-owned subsidiaries of an organization.

External Use

Redistribution Fees applies to external use of cmorq data, derived data, components, etc., shared with others outside of the customer organization in any form. Refers to the use of cmorq data used to support any external platform or functionality (i.e., calculated derived data, etc).

Redistribution Licensing and Reporting

Terms Applicable to Distribution Using Data Feed, Database, API, or Downloadable Format

Terms Applicable to Distribution of Derived Data in Controlled (Read Only) Format

LAST UPDATED: June 2023

Use of the words “cmorq,” “we,” “us,” or “our” refer to cmorq inc. and its affiliates. This Privacy Policy explains what Personal Information (as defined below) we collect, why we collect it, how we use and disclose it.

Your privacy matters to us, so please take the time to get to know and familiarize yourself with our policies and practices. Feel free to print and keep a copy of this Privacy Policy, but please understand that we reserve the right to change any of our policies and practices at any time. But don’t worry, you can always find the latest version of this Privacy Policy here.

As used herein, “Personal Information” means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that is being associated with an identified or reasonably identifiable individual.

A. Personal Information we collect from you

We may collect your name, address, telephone number, and email address directly from you. We may also keep an encryption of your wallet password if you elect for us to do so, for recovery purposes.

B. Personal Information we collect automatically

We may collect the following categories of Personal Information automatically through your use of our services:

Online Identifiers, such as IP address and domain name;

Device Information, such as hardware, operating system, browser;

Usage Data, such as system activity, internal and external information related to cmorq pages that you visit, clickstream information; and

Geolocation Data.

Our automatic collection of Personal Information may involve the use of Cookies, described in greater detail below.

C. Personal Information we collect from third parties

We may collect and/or verify the following categories of Personal Information about you from Third Parties:

Transaction Information, such as public blockchain data (bitcoin, ether, and other Digital Assets are not truly anonymous. We, and any others who can match your public Digital Asset address to other Personal Information about you, may be able to identify you from a blockchain transaction because, in some circumstances, Personal Information published on a blockchain (such as your Digital Asset address and IP address) can be correlated with Personal Information that we and others may have. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other Personal Information about you.

Personal Information you provide during the registration process may be retained, even if your registration is left incomplete or abandoned.

D. Accuracy and retention of Personal Information

We take reasonable and practicable steps to ensure that your Personal Information held by us (i) is accurate with regard to the purposes for which it is to be used, and (ii) is not kept longer than is necessary for the fulfillment of the purpose for which it is to be used.

The Personal Information we collect and the practices described above are done in an effort to provide you with the best experience possible, protect you from risks related to improper use, and help us maintain and improve cmorq. We may use your Personal Information to:

A. Provide you with our services. We use your Personal Information to provide you with our services.

B. Comply with legal and regulatory requirements. We process your Personal Information as required by applicable laws and regulations.

C. Detect and prevent fraud. We process your Personal Information to detect and prevent fraud.

D. Protect the security and integrity of our services. We use your Personal Information to maintain the security of your account.

E. Provide you with customer support. We process your Personal Information anytime that you reach out to our Customer Support team with issues arising from your account.

F. Optimize and enhance our services. We use your Personal Information to understand how our products and services are being used to help us improve our services and develop new products.

G. Market our products to you. We may contact you with information about our products and services. We will only do so with your permission, which can be revoked at any time.

H. Other business purposes. We may use your information for additional purposes if that purpose is disclosed to you before we collect the information or if we obtain your consent.

We will not share your Personal Information with third parties, except as described below:

A. Service Providers. We may share your Personal Information with third-party service providers for business or commercial purposes. Your Personal Information may be shared so that they can provide us with services, including security threat detection, payment processing, customer support, data analytics, Information Technology, advertising, marketing, data processing, and network infrastructure. We share your Personal Information with these service providers only so that they can provide us with services. Our third-party service providers are subject to strict confidentiality obligations.

B. Affiliates. We may share your Personal Information with our affiliates, for the purposes outlined above, and as it is necessary to provide you with our services.

C. Law Enforcement. We may be compelled to share your Personal Information with law enforcement, government officials, and regulators.

D. Corporate Transactions. We may disclose Personal Information in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.

E. Professional Advisors. We may share your Personal Information with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.

F. Consent. We may share or disclose your information with your consent.

If we decide to modify the purpose for which your Personal Information is collected and used, we will amend this Privacy Policy.

When you access cmorq, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit cmorq. We use Cookies to help us recognize you as a customer, collect information about your use of cmorq to better customize our services and content for you, and collect information about your computer or other access devices to: (i) ensure compliance with our Bank Secrecy Act (“BSA”) and anti-money laundering (“AML”) program (“BSA/AML Program”) (ii) ensure that your account security has not been compromised by detecting irregular, suspicious, or potentially fraudulent account activities; (iii) assess and improve our services and advertising campaigns.

You also can learn more about cookies by visiting https://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note that if you reject cookies, you will not be able to use some or all of cmorq. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use cmorq.

No security is foolproof, and the Internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect cmorq and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information we collect and store. Measures we take include; periodic review of our Personal Information collection, storage, and processing practices; and restricted access to your Personal Information on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

We are required under the California Consumer Privacy Act of 2018 (“CCPA”) to provide certain information to California residents about how we collect, use and share their personal information, and about the rights and choices California residents may have concerning their personal information. For purposes of this section, “personal information” has the meaning provided in the CCPA.

Personal information that we collect, use, and share

For ease of reference, we have compiled the chart below to demonstrate how we use the categories of personal information we have collected, used, and disclosed in the past 12 months. We do not “sell” any personal information, as “selling” is defined under the CCPA.

California privacy rights

California consumers have the following rights under the CCPA with respect to their Personal Information. Please understand, however, that these rights are not absolute, and we may decline requests as permitted under applicable law.

Right to Request Access. You may submit a request that cmorq disclose the categories and specific pieces of personal information that we have collected, used, or disclosed about you in the past 12 months.

Right to Request Deletion. You may submit a request that cmorq delete the personal information that we have about you.

Right to Opt out of Sale of Personal Information. You have the right to opt out of the sale of your Personal Information. cmorq does not sell your Personal Information.

Right Not to Receive Discriminatory Treatment. You have the right to exercise the privacy rights conferred by the CCPA without discriminatory treatment.

You may submit a request to access or delete your personal information by emailing us at privacy@cmorq.com. We are legally obligated to verify your identity when you submit a request. We may request additional information from you to verify your identity. If you submit a request to delete your personal information, you will also be required to confirm the deletion request by email.

You may designate an authorized agent to make a request under the CCPA on your behalf. Your authorized agent must submit proof that you have provided them with power of attorney pursuant to Probate Code sections 4000 to 4465. We may deny a request from a purported authorized agent who does not provide proof of authorization to act on your behalf.

Please understand that we are not obligated to provide you with a copy of your personal information more than twice in a 12-month period.

Information from children under thirteen (aka the “Dinesh” clause)

We do not knowingly collect information online from children under 13. If you are a parent or guardian and you learn that your children have provided cmorq with Personal Information, please contact us. If we become aware that it has collected Personal Information from a child under age 13 without verification of parental consent, we will take steps to remove that information from our servers.

For customers who are located in the European Economic Area (“EEA”), United Kingdom, Channel Islands, or other locations subject to EU data protection law (collectively, “European Residents”), we adhere to relevant EU data protection laws. For purposes of this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

Lawful bases for processing

We process personal data subject to GDPR on one or more of the following legal bases:

Legal Obligation: to conduct anti-fraud and identity verification and authentication checks and to fulfill our retention obligations;

Contractual Obligation: to satisfy our obligations to you, including to provide you with our services and customer support services, and to optimize and enhance cmorq;

Legitimate Interest: to monitor the usage of cmorq, conduct automated and manual security checks of our service, to protect our rights; and

Consent: to market cmorq and our services to you. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before consent is withdrawn.

European privacy rights

European Residents have the following rights under GDPR, subject to certain exceptions provided under the law, with respect to their personal data:

Rights to Access and Rectification. You may submit a request that cmorq disclose the personal data that we process about you and correct any inaccurate personal data.

Right to Erasure. You may submit a request that cmorq delete the personal data that we have about you.

Right to Restriction of Processing. You have the right to restrict or object to our processing of your personal data under certain circumstances.

Right to Data Portability. You have the right to receive the personal data you have provided to us in an electronic format and to transmit that Personal Information to another data controller.

When handling requests to exercise European privacy rights, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. While we maintain a policy to respond to these requests free of charge, should your request be repetitive or unduly onerous, we reserve the right to charge you a reasonable fee for compliance with your request.

Collection and transfer of data outside the EEA

cmorq operates internationally with many of our systems based in the United States. When we transfer your personal data to our affiliates outside the EEA, we make use of standard contractual clauses which have been approved by the European Commission. We may transfer personal data from Europe to third countries outside of Europe, including the United States, under the following conditions:

Contractual Obligation. Where transfers are necessary to satisfy our obligation to you, including to provide you with our services and customer support services, and to optimize and enhance cmorq; and

Consent: where you have consented to the transfer of your personal data to a third country.

Where transfers to a third country are based on your consent, you may withdraw your consent at any time. Please understand, however, that our services may not be available if we are unable to transfer personal data to third countries.

When we transfer personal data to third countries, we endeavor to ensure adequate safeguards are implemented, for example through the use of standard contractual clauses or Privacy Shield certification.

Automated decision-making

We may engage in automated decision-making for purposes of fraud detection and prevention.

(For PIX users only) Upon the initial deposit of a minimum of non-refundable 1 Brazilian Real (BRL) via the Brazilian PIX system, the user's wallet achieves Web3 eligibility within the cmorq app, a step towards enabling interaction with Web3 ecosystems. 
This process employs Cadastro de Pessoas Físicas (CPF), a unique identifier for Brazilian citizens, to authenticate your wallet. The utilization of your CPF in this manner serves as a security measure, establishing a verifiable link between your wallet and personal identification.

Upon successful verification, an option to further secure your wallet with an additional password becomes available and so does access to a range of in-app features, providing a more comprehensive experience.

cmorq employs a proprietary methodology to conceive and materialize the visual components of our Non-Fungible Tokens (NFTs). These NFTs are minted on the Polygon blockchain, a process that ensures their uniqueness and traceability. The structural elements of the contracts underpinning these NFTs are publicly accessible via blockchain explorers and on-chain marketplaces, promoting transparency and verifiability. Please be aware that all usage of these AI NFTs must be in compliance with our policies, as well as relevant local, national, and international laws and regulations.

Note: By engaging in the act of clicking and disseminating a photograph, you are unequivocally granting your consent and authorizing cmorq to incorporate said photograph into its Non-Fungible Token (NFT) collections. Furthermore, you are thereby providing explicit permission for cmorq to display, utilize, and disseminate said NFT collections in any location or platform that the company deems appropriate or necessary, in its sole and absolute discretion.

If you have questions or concerns regarding this policy or our processing of your Personal Information, please feel free to email us at: privacy@cmorq.com; or write to us at:

1209 Orange Street,

Wilmington Delaware

19801 United States

If you are a European resident and you believe that we have not adequately resolved any such issues, you have the right to contact your local supervisory authority.