1. Limitation of Liability
You acknowledge and agree, Terato shall not be liable for any of your losses caused by any of the following events, including but not limited to:
- Losses of profits, goodwill, usage or data or any other intangible losses
- Use or failure to use Terato Service
- Unauthorized use of your account or unauthorized alteration of your data by third parties
- Your misunderstanding of Terato Service
- Any other losses related to Terato Service which are not directly attributable to Terato
In no event shall Terato be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.
You agree to indemnify and hold harmless Terato, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Terato Service.
3. Funds Safety
Remaining funds after account termination (normal)
Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Terato) on the account will be payable at once to Terato. Upon payment of all outstanding charges to Terato (if any), the user will have 5 working days to withdraw all funds from the account.
Remaining funds after account termination (fraud/AML/violation of terms)
Terato maintains full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of Terato's Terms (eg. trading on Terato from a sanctioned country).
4. Termination of Agreement
- a. The account is subject to a governmental proceeding, criminal investigation or other pending litigation
- b. We detect unusual activity in the account
- c. We detect unauthorized access to the account
- d. We are required to do so by a court order or command by a regulatory/government authority
- e. In case of any of the following events, Terato shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Terato and withdraw the corresponding Terato account thereof:
- I. after Terato terminates services to you,
- II. you allegedly register or register in any other person's name as Terato user again, directly or indirectly;
- III. the main content of user's information that you have provided is untruthful, inaccurate, outdated or incomplete;
- IV. when this agreement (including the rules) is amended, you expressly state and notify Terato of your unwillingness to accept the amended service agreement;
- V. any other circumstances where Terato deems it should terminate the services.
Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, Terato shall have the right to notify your counterparty of the situation at that time.