Last Updated: 04.08.2025
Welcome to Intuipay! These Terms of Service ("Terms") are a binding contract between Intuipay Holding PTE. LTD. ("Intuipay", "us" or "we") and you where you use or access our Website or any of our Services, including you do so as a Recipient or Donor (each capitalised term as defined in Section 1). In addition to these Terms, separate terms may also apply to our Services ("Additional Terms"), as entered into between you and us from time to time, each of which will be considered to form part of these Terms.
Please read these Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms (including any Additional Terms) and our Privacy Policy, found at intuipay.xyz/terms-of-use incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.
If you have any questions about these Terms, the Privacy Policy or our Services, please contact us at [email protected].
Disclaimer: Intuipay is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor, nor does Intuipay offer or facilitate the offering of any shares or securities through and/or in connection with the Pledge Services. Intuipay does not, at any time, have custody over any digital assets or Rewards that you hold or are intending to hold. We also do not have custody or control over the blockchains you are interacting with. Please ensure that you review the “Risk Warning” section below carefully before you use any of the Pledge Services.
Intuipay is a software and technology provider that provides a platform allowing creators ("Creators") to list projects ("Projects", and each listing a "Project Listing") to be supported by potential backers ("Backers"). Backers can support Projects by pledging to contribute digital assets, in exchange for one or more non-financial rewards ("Rewards") offered by a Creator.
The Pledge Services include our website at intuipay.xyz (the "Website"), all related online and social media channels, and all related tools, applications, data, software and other products and services provided by us from time to time in relation to the Pledge Services, whether as a guest or a registered user.
The Pledge Services are offered and available to users who are 18 years of age or older and located in jurisdictions where the use and access of the Pledge Services do not violate any applicable laws. By using the Pledge Services, you represent and warrant that you are of legal age to form a binding contract with Intuipay and meet all of the eligibility requirements as determined by Intuipay, and whether specified in these Terms or otherwise. In particular, Restricted Persons are prohibited from accessing and/or using the Pledge Services. If you do not meet all of the foregoing requirements, you must not access or use the Pledge Services.
You shall provide Intuipay with written notice and immediately cease use of the Pledge Services if you no longer comply with any of the eligibility requirements. Failure to provide us with such written notice and to cease such use of the Pledge Services shall be considered a material breach of the Terms.
To access the Pledge Services or some of the resources we offer, including as a Creator, Backer or Sub-User, you may be asked:
You are responsible for making all arrangements necessary for you to have access to the Pledge Services.
It is a condition of your use of the Pledge Services that all information you provide on the Pledge Services is correct, current, and complete. You agree that all information you provide to register with this Pledge Services or otherwise, including, but not limited to, through the use of any interactive features on the Pledge Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. In particular, you hereby authorize Intuipay to share information about you, your transactions, or your Account, and such other information collected by Intuipay with any regulators and/or law enforcement if so requested or if we reasonably suspect that your use of our Pledge Services has been for an unauthorized, illegal, or criminal purpose.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Pledge Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intuipay provides a platform for Creators to connect with potential Backers in relation to the Projects. Where a Backer agrees to pledge contributions to a Creator in relation to a Project, a contract is formed solely between the Creator and the Backer. Intuipay is not a party to this contract – the contract is a direct agreement between Creators and their Backers.
Under such contract, each of the Creator and the Backer, and not Intuipay, is responsible for their respective obligations in relation to the contract. These include but are not limited to:
Each contract shall be subject to such terms and conditions as specified by a Creator, as well as the following additional terms, which shall be incorporated into each contract formed through the Pledge Services. To the extent that the additional terms below conflict with any terms and conditions specified by a Creator, the following additional terms prevail:
Intuipay does not represent any Creators featured on or through the Pledge Services, and does not guarantee that any pledges and/or contributions will be used for a specific purpose or that any Reward will be provided by a Creator. Intuipay cannot and will not intervene in any dispute between a Creator and a Backer for any pledges and/or contributions made using the Pledge Services. Intuipay is not liable to any Creator or Backer for any claim related to a pledge and/or contribution made via the Pledge Services.
Where you are a Backer, you understand, acknowledge and agree that by choosing to pledge and/or make contributions through the Pledge Services, you do so at your own risk. Except in the event that a Creator is not able to deliver the Rewards or fulfil any Project Obligations, any contributed digital assets are non-refundable unless required by law or explicitly stated by the Creator. Intuipay does not guarantee that any contributions will be used by a Creator for a specific purpose. Intuipay is neither responsible nor obliged to address or resolve any issues or dissatisfaction you may have in relation to any digital assets you have pledged and/or contributed. You are encouraged to reach out to the respective Creators for further verification on the pledges and/or contributions made through the Pledge Services and other relevant inquiries.
You are strictly prohibited from using the Services:
Intuipay reserves the right (but is not required) to:
Certain violations of these Terms, as determined by Intuipay, may result in immediate termination of your access to the Pledge Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Pledge Services, and in response may take any action we may deem appropriate.
By accessing and/or using the Pledge Services, you represent, warrant and agree that:
Where you have used the Pledge Services to contribute to a Project as a Backer, the Protocol will initiate a transaction to debit the pledged digital assets from your Wallet. However, a Creator will receive the digital assets pledged in relation to its Project only if, at the time of the Project’s funding deadline, the Project has reached its fundraising goal (“Successful Project”).
If, at the time of the Project’s funding deadline, the Project does not reach its fundraising goal or if the Project is terminated for any reason (including where the Project is in breach of these Terms) (“Failed Project”), any digital assets pledged will not be transferred to the Creator.
Where you are a Backer of a Failed Project, you must manually request for a refund (“Refund”) through the Protocol within [1 year] from the date of the funding deadline (the “Refund Deadline”) in order to receive the digital assets that you have pledged. While Intuipay will use reasonable efforts to remind you to request for the Refund in time, you agree and acknowledge that any pledged digital assets in relation to a Failed Project that have not been withdrawn by the Refund Deadline shall be forfeited by you as Backer, and shall be withdrawn and used by Intuipay in such manner as it deems fit. Intuipay agrees to hold and/or use the unrefunded digital assets for purposes that benefit the Intuipay community, including but not limited to applying the unrefunded digital assets to Projects or other third party initiatives supported by the Intuipay community. For the avoidance of doubt, nothing in this clause prejudices Intuipay’s ability to use the unrefunded digital assets in such manner as it deems fit.
By using the Pledge Services, you agree to pay all relevant fees (including gas fees) in connection with: (a) where you are a Backer, pledging or contributing digital assets to a Project; and (b) where you are a Creator, the listing of the Project and withdrawal of all received digital assets, including any services fees imposed by Intuipay.
Where you are a Backer, Intuipay provides the Pledge Services to you free of charge. Where you are a Creator, Intuipay collects a service fee only where your Project is successful. The service fee for each Successful Project shall be [3%] of the total contributions to the Project. The service fee shall be automatically deducted by the Protocol before the contributions received by a Successful Project is transferred to your Wallet.
All Projects and Rewards must comply with the applicable Project Listing & Reward Rules as published by Intuipay from time to time.
These Terms are effective upon the date you begin using the Pledge Services in any manner and shall continue for the duration of your use of the Pledge Services. You can, and are able to, terminate your use of the Pledge Services by following such instructions as published by us from time to time. Intuipay may terminate your access to and use of the Pledge Services at our sole discretion, at any time and without notice. Upon termination of these Terms: (a) all rights and licenses granted to you herein shall terminate as to the terminated rights; (b) you shall cease all use of the Pledge Services that have been terminated; (c) you shall pay any and all fees due on the next due date; (d) Intuipay may at its own discretion retain for internal business purposes, remove and/or purge your data and any other information related to providing you the Pledge Services; and (e) upon request, each party will promptly return to the other party or delete all confidential information of such party in its possession, custody or control.
Notwithstanding the foregoing, each party may retain a copy of these Terms and such other confidential information of the other party as reasonably required for legal and auditing purposes. We may request that you certify in writing your compliance with this section. Termination does not alter your liability for processed payments. Upon termination, we will immediately discontinue your access to the Pledge Services. Upon termination, you agree to complete all pending transactions and stop initiating or accepting new transactions through the Pledge Services (as the case may be). Where you are a Creator, subject to your payment of all applicable fees and these Terms, any pledged/contributed digital assets received through the Pledge Services and not yet transferred to you will be transferred to you.
Termination does not relieve you of your obligations as defined in these Terms and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in these Terms, including but not limited to fees, or other investigations or proceedings. Sections 3 to 5, 7 to 17 and 19 will survive termination.
Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, “IP”) displayed on the Website or otherwise through the Pledge Services belongs to Intuipay or its licensors, co-branders, or other third parties, and shall not be used by you without the prior written consent of the owner of such IP. All rights to third party IP are reserved to such third parties. You may not use the IP without our prior written consent. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold Intuipay harmless together with our affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively “Indemnified Parties”) from and against all losses, now and in the future, related to any unauthorized use by you of any third party IP. If you are a Creator, Intuipay grants you a revocable, non-exclusive, limited licence to the Pledge Services to accept Pledges as permitted by these Terms. Any other use of the Pledge Services not expressly provided in these Terms is strictly prohibited. We reserve all rights not expressly granted under the Terms.
Please ensure that you read this Risk Warning carefully before you use any of the Pledge Services. Note that this Risk Warning does not explain all of the risks that may arise when you use the Pledge Services, or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved before deciding to use the Pledge Services.
Market Risks
As with any asset, the value of digital assets can fluctuate significantly and there is a material risk of economic loss when transferring or holding digital assets. You should therefore consider whether transacting in digital assets is suitable for you in light of your financial circumstances.
Digital asset transactions are speculative and volatile. Supply and demand for digital assets can change rapidly without warning and can be affected by a variety of factors which may not be predictable, including regulation, general economic trends and developments in the digital asset ecosystem. All digital assets transactions carry the risk of loss.
Past Performance
Past performance is not an indicator of future performance. Intuipay does not in any way guarantee or provide any assurance about the performance or market price of digital assets or products transferred or received through the Pledge Services.
No Fiduciary Duties
We are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any transactions or other activities you undertake when using the Pledge Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.
It is your responsibility to determine whether any transaction is appropriate for you, including whether it is appropriate for you to receive digital assets through the Pledged Services and you are responsible for any associated loss or liability. We do not recommend that any digital asset should be transferred, received or held by you. Before making the decision to transfer, receive or hold any digital asset, you should conduct your own due diligence. We are not responsible for the decisions you transfer, receive or hold digital assets based on the information provided by us, including any losses you incur arising from those decisions.
No Tax, Legal or Regulatory Advice
You have sole responsibility for determining what taxes you might be liable to, how and when they apply, and meeting such tax obligations, when transacting through the Pledge Services. It is your responsibility to report and pay any taxes that may arise from entering into a transaction by using the Pledge Services, and you acknowledge that we do not provide legal or tax advice in relation to these transactions. If you have any doubts about your tax status or obligations when using Pledge Services, or with respect to the digital assets held by you, you are encouraged to seek independent advice.
Technological and Security Risks
The Pledge Services and the digital assets rely on emerging technologies, such as cryptographic and blockchain-based technologies. By accessing or using the Pledge Services, you understand and agree to the inherent risks associated with cryptographic and blockchain-based technologies, digital assets and systems that interact with blockchain-based networks. You agree and understand that Intuipay does not own or control any of the underlying software through which blockchain networks (such as the Ethereum or Bitcoin blockchain) are formed. In general, the software underlying blockchain networks, is open source, such that anyone can use, copy, modify, and distribute it. By using the Pledge Services, you acknowledge and agree (a) that Intuipay is not responsible for the operation of the blockchain-based software and networks underlying the Pledge Services, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying blockchain-based networks are subject to sudden changes in operating rules, which may materially affect the Pledge Services.
The nature of digital assets exposes them to an increased risk of cyberattack. There can be no guarantee that systems put in place by us to mitigate cybersecurity threats will always be effective to prevent improper access to the Pledge Services and digital assets.
Regulatory Risk
You acknowledge and understand that the Pledge Services and any digital assets you transfer, receive or hold through the Pledge Services could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Intuipay to continue to make the Pledge Services available to you.
Third Party Risks
Third parties, such as Wallet providers, payment service providers, custodians, and banking partners may be involved in the provision of Pledge Services. You may be subject to the terms & conditions of these third parties. Unless expressly provided otherwise, we will not be responsible for any loss that may be incurred by you as a result of or arising from the Pledge Services provided by such third parties.
INTUIPAY PROVIDES THE PLEDGE SERVICES AND ALL INFORMATION THEREIN ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTUIPAY EXPRESSLY DISCLAIMS ANY WARRANTY, CONDITION, GUARANTEE, TERM OR REPRESENTATION AS TO THE RELIABILITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY CONTENT OR MATERIAL ON INTUIPAY, AND THERE IS NO WARRANTY, CONDITION, TERM OR REPRESENTATION THAT THE FUNCTIONS CONTAINED ON THE WEBSITE AND THE PLEDGE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY AND ALL SUCH WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS ARE SPECIFICALLY EXCLUDED. INTUIPAY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS ON OR THROUGH THE WEBSITE AND PLEDGE SERVICES, INCLUDING FACTUAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PLEDGE SERVICES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DIGITAL CURRENCY OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTUIPAY SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE PLEDGE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR ACCOUNT OR LOGIN CREDENTIALS, OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE ETHEREUM NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED CREATOR IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE ETHEREUM NETWORK.
CRYPTOCURRENCIES HAVE INHERENT RISKS AND WE CANNOT AND DO NOT OFFER GUARANTEES AGAINST LOSS, INCLUDING TOTAL LOSS. WE DO NOT HOLD, MAINTAIN, VERIFY, OR PROTECT THE CRYPTOCURRENCIES YOU HAVE THAT MAY BE DISPLAYED OR DESCRIBED ON THE PLEDGE SERVICES. ALL CRYPTOCURRENCIES REMAIN PROPERTY OF THE RESPECTIVE OWNERS AND WE HAVE NO RIGHT OR TITLE TO YOUR PROPERTY. PLEASE EXERCISE DUE CARE IN DETERMINING WHICH FINANCIAL INSTRUMENTS AND TOOLS ARE RIGHT FOR YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS INTUIPAY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO: (A) YOUR USE OF AND ACCESS TO THE PLEDGE SERVICES; (B) YOUR BREACH, NON-COMPLIANCE, OR VIOLATION OF ANY TERMS OF THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, BY YOU OR ANYONE UNDER YOUR DIRECTION AND CONTROL; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (D) ANY ACTUAL OR POTENTIAL CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; (E) ANY ACT OR OMISSION OF YOURS OR ANYONE UNDER YOUR DIRECTION OR CONTROL; (F) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY LAW OR RIGHT OF ANY THIRD PARTY; (G) ANY LOSS OF DIGITAL ASSETS OF ANY KIND, FOR ANY REASON. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE. INTUIPAY MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH USERS HAVE AGREED TO INDEMNIFY INTUIPAY AND EACH USER AGREES TO ASSIST AND COOPERATE WITH INTUIPAY IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.
You may have the opportunity to publish, transmit, submit or otherwise post comments, feedback, photos, or other materials via the Pledge Services ("User Generated Material") that may be accessible and viewable by the public or others. With respect to any User Generated Material posted by you, you warrant and represent that:
User Generated Material must not (i) misrepresent your identity or affiliation with any person or organization; (ii) seek to collect others’ personal information by any means; (iii) seek to transmit chain letters, or bulk or junk email; (iv) relate to contests, sweepstakes, or other sales promotions; (v) include information that may be used to track, contact, or impersonate another; (vi) infringe any intellectual property or other proprietary rights of Intuipay or any other person; (vii) seek to harm or exploit children; (viii) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (ix) violate Intuipay’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (x) be otherwise objectionable as determined by Intuipay at our sole discretion.
You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Pledge Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted via the Pledge Services and from any claims related to the conduct of any other users. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store User Generated Material at any time and for any reason without notice. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views, or advice. We take no responsibility and assume no liability for any User Generated Material that you or a third-party posts or sends on or through the Pledge Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
In consideration for your use of the User Generated Material features, you grant to Intuipay an irrevocable, worldwide, royalty-free, fully paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Generated Material in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting Intuipay, our products and our Pledge Services. You acknowledge that Intuipay may modify the User Generated Material for any purpose. However, Intuipay has no obligation to use any User Generated Material, and Intuipay’s use of any User Generated Material does not create or imply any endorsement of or affiliation with you.
The Website contains links to the websites of third parties. Additionally, the Pledge Services may permit users to access and make use of certain third-party and platforms, including the platforms of our Partner Payment Processors (collectively, the “Third Party Resources”). Inclusion of any Third Party Resources does not imply endorsement of such resources, their content or opinions. Your relationship and any transactions with other organizations through the Third Party Resources or otherwise are your own responsibility. Any concerns regarding any Third Party Resources should be directed to the owner or operator of the Third Party Resources.
Entire Agreement. The Terms shall be construed in accordance with the law of Singapore.
Third Party Rights. Other than in relation to our affiliates, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these Terms. The Terms and all of its clauses and sub-clauses are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
Change of Terms. Intuipay reserves the right to revise these Terms by updating the Terms of Service posted to our Website without prior notice. Your continued use of our Pledge Services following the posting of changes constitutes your acceptance of such changes. You are advised to periodically visit this page to determine the then current Terms. You further agree that in the event any portion of these Terms are found to be unenforceable, the remainder of these Terms shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.
Relationship of Parties. The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.
Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to the Pledge Services. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Intuipay may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, each party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Waiver; Severability. Intuipay’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.