Last update: 6 November, 2024

Blazing Bot

TERMS OF SERVICE

These terms of service (these "Terms") are between Genesis block0 Corp ("Blazing Bot", "we", "us" and "our") and you (also referred to herein as "user", "you" and "your"). “You”, “your” and “user(s)” refers to anybody who accesses or uses, in any way, the services. If you are accessing or using the services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “user(s)” will refer to that entity.

These Terms govern your access to and use of the services, which include, but are not limited to, Telegram bots, channels, groups and any application (the “Services”) that are created and distributed by the Blazing Bot when accessed via computer or any other electronic mobile device. By accessing, browsing or by signing into the Services using a wallet or otherwise using the Services available on app.blazingbot.com (“Website”) or by acknowledging agreement to the Terms on the Services, you agree that you have read, understood and accepted all of the Terms and the Privacy Policy (the “Privacy Policy”), which is incorporated by reference into the Terms.

We may update or change these Terms from time to time in order to reflect changes in any of our Services, changes in the legislation, or for other reasons as deemed necessary by us. The effective date of any Terms will be reflected in the “Last Updated” entry at the top of these Terms. Your continued use of the Services after the communication of any such change constitutes your consent to such change. If the revised Terms include a material change, we will endeavor to provide you advanced notice via the Platform before the material change becomes effective.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES, AND ALL RELATED TOOLS, WEB AND MOBILE APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING INTERFACES (“APIS”) LOCATED AT ANY OF OUR SERVICES, INCLUDING BUT WITHOUT LIMITATION TO, SUCCESSOR WEBSITE(S) OR APPLICATION(S) THERETO (COLLECTIVELY, THE “PLATFORM”). THESE TERMS SET OUT YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU USE THE PLATFORM FOR ANY PURPOSE, INCLUDING BUT WITHOUT LIMITATION TO VIEWING TRADING AND SALES DATA FOR TOKENS. BY USING THE SERVICES OR ACCESSING THE PLATFORM IN ANY MANNER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE.

IMPORTANT NOTE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS BY USING OR ACCESSING THE SERVICES, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. AND YOU AGREE TO A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED. FURTHER THESE TERMS OF SERVICE WILL ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1.    INTRODUCTION

1.1.   Eligibility

1.1.1.  To be eligible to use the Services you must be at least eighteen (18) years of age or older. The Services (as defined below) are strictly NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in any Prohibited Jurisdiction, as defined below in the Section 5 of these Terms (any such person or entity from a Prohibited Jurisdiction shall be a Restricted Person). If you are a Restricted Person, then do not attempt to access or use the Services. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Platform or Services is prohibited. For the purpose of these Terms, Restricted Territory shall mean United States of America, the People's Republic of China, Afghanistan, Democratic Republic of Congo, Cuba, Venezuela, Myanmar (Burma), Lebanon, Libya, Somalia, Nicaragua, Syria, South Sudan, Sudan, Zimbabwe, Yemen, Haiti, Guinea, Republic of Guinea-Bissau, Mali, Democratic People’s Republic of Korea (North Korea), Iran, Iraq, Russia, Belarus, regions of Ukraine: Crimea, Sevastopol, Donetsk, Luhansk, Zaporizhzhia, Kherson or any other state, country or region that is subject to sanctions enforced by the United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.

1.2.   Terms of Service

1.2.1.  We reserve the right to disable access to the Services at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Services by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason.

2.    THE PLATFORM AND SERVICES

2.1.   General provisions

2.1.1.  The Services is provided for the purpose of allowing you to purchase tokens. It attempts to present information in an aggregate format for the convenience and ease of use of Users. The Service and the Platform are provided solely for educational purposes and are not meant to include or represent financial advice or indicate any trading opportunity. Due to factors that are out of our control, we do not warrant the accuracy, completeness, or utility of any information on the Platform or in the Services at any time. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website / Platform, or by anyone who may be in receipt of its contents. Any information you provide or we collect through the Website shall be handled in accordance with the Website’s Privacy Policy. We reserve the right to make changes to the Platform or Services, including adding, modifying, or discontinuing products or features.

2.1.2.  We reserve the right in our sole and absolute discretion to make changes to how we operate the products and / or features accessible through the Platform, including adding new products, features, functionalities, modifying existing ones, altering any other aspect of the Platform, or temporarily or permanently suspending, discontinuing, or terminating your access to any or all portions of the Platform’s functionality, provided that such modifications or discontinuations will not affect your access to your assets (if applicable), unless there are exceptional circumstances where doing so would (a) pose information security risks or intellectual property issues for us or other users; or (b) create other unwarranted risks, including violations of law.

2.1.3.  Certain products accessible through the Platform, including related applications, may be subject to additional terms. Such additional terms are an integral part to these Terms of Use. However, in the event of a conflict, the provisions of any such special terms or other agreement shall prevail.

2.1.4.  You understand and agree that you are solely responsible for maintaining the security of your account and control over any usernames, passwords, public and / or private keys, or any other codes that you use to access the Service. If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. If you use a wallet to access the Platform, we have no way of granting you access to the Platform / Services if you lose access to, or control of, your wallet. You are responsible for all activities that occur under your account, and you agree to notify us immediately of any suspected unauthorized use of your account. We are not responsible for any loss that you may incur as a result of any unauthorized activity related to your account, wallet. or your password.

2.2.   Blockchain Networks Transactions & Disclaimers

2.2.1.  Transactions are recorded on the public blockchains. Transactions on the Platform are managed and confirmed via public blockchains including but not limited to the Ethereum blockchain. You understand that your public address on the relevant blockchain will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control any wallet, the Ethereum network, or any other blockchain network we interface with, or any other Third-Party site or service that you might access or use for the purpose of enabling yourself to access and utilize any feature of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you suffer because of its transactions or any other interaction with any such third parties.

2.2.2.  In order to be completed, all transactions with cryptocurrency, digital tokens or digital assets (the “Virtual assets”) must be confirmed and recorded in the associated public blockchain. We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via the Platform will be confirmed and processed. By using the Platform, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the blockchain networks. We do not store, transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Virtual assets, security, financial instrument, or other digital or physical asset and all the interactions are performed on theLinked Sites platforms, subject to any associated Linked Sites terms. Any transfer that occurs in any Virtual assets occurs on the blockchain network and not on a network owned by us. We therefore do not guarantee that we can affect the transfer of title or right in any Virtual asset. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Asset transaction initiated via the Platform. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual asset. Completion of transactions that you instruct for through the Platform also depends on the availability and operation of the blockchain networks. Errors or forks in the blockchain networks may cause transactions that you initiate through the Platform to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Unfortunately, due to the decentralized nature of the blockchain networks, there is no one single point of failure, and so neither we nor any particular party will be responsible to you for errors or any losses that you suffer as a result.

2.2.3.  By accessing and using the Platform, you represent that you understand (a) the Platform facilitates access to various protocols (i.e., DEX, Bridge, Blockchain, etc.), the use of which has many inherent risks, and (b) the cryptographic and blockchain-based systems have inherent risks to which you are exposed when using the Platform. You further represent that you have a working knowledge of the usage and intricacies of blockchain-based digital assets, including, without limitation, ERC-20 token standard available on the Ethereum, Ethereum layer 2 solutions or other blockchain networks. You further understand that the markets for these blockchain-based digital assets are highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with blockchain-based systems, such as Ethereum, are variable and may increase or decrease, respectively, drastically at any time. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with protocols and cannot be held liable for any resulting losses that you experience while accessing or using the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Platform / Services to interact with protocols.

2.2.4.  All transactions through the Services are facilitated by smart contracts existing on a blockchain network. The value of the gas fee changes, often unpredictably, and is entirely outside of the control of ours or the Services. You acknowledge that under no circumstances will a transaction through the Services be invalidated, revocable, retractable, or otherwise refundable on the basis that the gas fee for the associated transaction was unknown, too expensive, or otherwise unacceptable to you.

2.2.5.  We cannot and do not represent or guarantee that any of the information available through the Platform is accurate, reliable, current, complete or appropriate for your needs. The information displayed through the Platform including information about prices, liquidity or other is provided by third parties and / or calculated for informational purposes and we do not provide warranties for such information. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

2.2.6.  The technology utilized in delivering the Services and transferring any Virtual assets or the information or works therein depends on public peer-to-peer networks such as distributed ledger technology that are not under the control or influence of ours and are subject to many risks and uncertainties. We may have limited or no ability to change these technologies, other than ceasing to support certain “smart contracts” and adding support for new “smart contracts”. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to access and / or use the Services. We will not be able to restore or issue any refunds due to lost private keys. If you are not able to use the Services due to loss or theft of a private key or otherwise, we do not guarantee and are not responsible for your ability to exercise your rights with respect to the Virtual assets.

2.2.7.  You expressly understand and agree that your use of the Platform / Services is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Platform and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Platform, code and any related information are accurate, complete, reliable, current or error-free. You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning the Platform / Service. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Platform or Services.

2.3.   Third-party Links, Products and Applications

2.3.1.  To operate the Platform or to provide the Services and facilitate your access to its products and / or features, we may engage third-party providers and / or third-party API, which we have no direct or indirect control over.

2.3.2.  The Services may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”), including but not limited to Etherscan.io, Twitter profile links or Discord servers. Linked Sites are not under the control of ours, and we are not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. We are not responsible if the Linked Site is not working properly or for any viruses, malware, or other malicious software attacks resulting from your use of a Linked Site. The inclusion of any link does not imply endorsement by us of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any interaction or business relationship with third parties who support us or are identified in the Services, including any delivery of and payment for goods and services. We do not store any information shared with a Linked Site and shall not be responsible for any personally identifiable information shared with any Linked Site.

2.3.3.  The Linked Sites are governed by their respective terms and conditions. Such terms and conditions may include separate fees and charges, as well as disclaimers and / or risk warnings on the accuracy of the information or the services of such a provider. These terms may also include a privacy policy that differs from the privacy policy that is incorporated by reference herein. It is your sole responsibility to read carefully and make sure that you understand those Linked Sites terms and conditions, including how those service providers may use your information according to their respective privacy policies.

2.3.4.  You agree and understand that the functionalities accessible via the Platform that allow you to swap virtual currencies are not provided directly by us and are the sole responsibility of the Linked Sites service providers, including respective active third-party providers. Although we facilitate your access to these Linked Sites, we by no means are responsible for them and take no part in any actions, transactions, or other activities conducted by such providers. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Linked Site at any time without notice.

2.3.5.  You hereby acknowledge that the functionalities accessible via the Linked Site or third party service provider are the sole responsibility of such Linked Site service providers. You hereby expressly release us from any liability arising from use of any Linked Sites, third-party website, service, or content and any resulting harm, loss, or damage.

2.3.6.  If the Platform contain references or links to Linked Site resources, including, but not limited to, information, materials, products, or services, by using the Platform / Services you acknowledge that we do not own or control such data of the Linked Site. In addition, third parties may offer promotions related to your access and use of the Platform. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

2.4.   Service Fees & Taxes

2.4.1.  Your acceptance of these Terms is considered to be your acceptance of our Service fees. We reserve the right to change, modify, or increase our service fees at any time. Any change to our service fees will take effect immediately upon our notification of such change. You agree that by using the Platform / Services following any change to our Service fee schedule, you are agreeing to our new service fees.

2.4.2.  We will charge a fee on each executed transaction as per indications below:

2.4.3.  It is your sole responsibility to determine whether, and to what extent, any taxes apply to any interest received through the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities.

3.    RISK FACTORS

3.1.   General.You expressly agree that you assume all risks in connection with your access to and use of the Services. By using or accessing the Services, you represent and warrant that you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that we are not responsible for any losses or damages associated with these risks.

Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Platform and the Services. You acknowledge and agree that the Platform and Services access via the Platform are currently in the initial development stages and there are a variety of unforeseeable risks with utilizing the Services or participating in the platform, acquiring, holding or using the Virtual assets. In the worst scenario, this could lead to the loss of all or part of your Virtual assets. IF YOU DECIDE TO UTILIZE SERVICES YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND ASSUME THE BELOW RISKS AND AGREE NOT TO HOLD US OR ANY OF RELATED PARTIES RESPONSIBLE FOR THE FOLLOWING RISKS:

3.1.1.  Third-party risk.The Platform and the Services provided therein rely on whole or partly, on third-party software and the continued development and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Services. Further, if digital assets locked as collateral are deployed by the protocol towards third-party decentralized finance protocols to further generate yield, a failure or security incident in respect of such third-party protocol may result in users losing all or substantially all of their digital assets.

3.1.2.  No Insurance. Original assets are not legal tender, are not backed by the government, and are not subject to any deposit insurance scheme or protections under any banking or securities laws. We are not a bank and we do not offer fiduciary services, nor do we offer any security broking services.

3.1.3.  New technical risk. The software used for the Services is new. While this software has been extensively tested, the software used for the Services is still relatively new and could have bugs or security vulnerabilities. Further, the software is still under development and may undergo significant changes over time that may not meet users’ expectations.

3.1.4.  Blockchain related risks. The underlying smart contracts run on a variety of supported blockchain networks, using specially-developed smart contracts. Accordingly, upgrades to the relevant blockchain network, a hard fork in the relevant blockchain network, re-organizations of blockchain structure or blocks, or a change in how transactions are confirmed on the relevant blockchain network may have unintended, adverse effects on the smart contracts built thereon, including the Platform and the Services provided there.

3.1.5.  Information security risk. Original assets, and use of the Services may be subject to expropriation and / or theft. Hackers or other malicious groups or organizations may attempt to interfere with the Platform in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the underlying blockchain networks comprise open-source software, the software underlying the Services / the Platform may contain intentional or unintentional bugs or weaknesses that may negatively affect the Services or result in the loss of the user’s original assets, the loss of the user’s ability to access or control their digital assets. In the event of such a software bug or weakness, there may be no remedy, and users are not guaranteed any remedy, refund or compensation.

3.1.6.  Regulatory risks. The regulatory status of original assets and cross-chain trading, and distributed ledger technology is unclear or unsettled in many jurisdictions. While every effort has been taken to ensure that the Services are compliant with local laws, it is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to the Services. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Services. Regulatory actions could negatively impact the Services in various ways, and thus the Platform and the Services may not be available in certain areas.

3.1.7.  Taxation risk. The tax characterization of original assets, and the usage of the Services are uncertain. It is possible that the user's intended treatment of original assets may be challenged. You must seek your own tax advice in connection with the Services provided within the Platform, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value-added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.

3.1.8.  Other risks. The usage of the Services may be related to other risks that are not indicated there in the Terms. Therefore, by using the Services you acknowledge to assume any other risks that may occur and it is your own responsibility to assess such risks prior to using any features of the Services.

4.    ELIGIBILITY

4.1.   If you use the Services, you state that you (a) are at least 18; (b) do not break any laws of your jurisdiction by using the Services; (c) are not located, established or registered in any of the jurisdictions enlisted below titled “Prohibited Jurisdictions”, and (d) are not a “Restricted Person” as defined below.

4.2.   You may not use the Services if you are otherwise barred from using the Services under applicable law.

4.3.   You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Services or the Platform. Your use of the Services is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.

4.4.   By using or accessing the Services, you represent to us that you are not subject to the Sanction Lists and you are not a Restricted Person, as defined below. The “Sanction Lists” means any sanctions designations listed on economic / trade embargo lists and/or specially designated persons / blocked persons lists published by the international organizations, as well as any state and governmental authorities of any jurisdiction, including, but not limited to the lists of United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.

4.5.   We make no representations or warranties that the information, products, or services provided through our Platform or Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

4.6.  The following jurisdictions are considered to be “Prohibited Jurisdictions”, meaning that the Services do not interact with wallets located in, established in, or a resident of United States of America, the People's Republic of China, Afghanistan, Democratic Republic of Congo, Cuba, Venezuela, Myanmar (Burma), Lebanon, Libya, Somalia, Nicaragua, Syria, South Sudan, Sudan, Zimbabwe, Yemen, Haiti, Guinea, Republic of Guinea-Bissau, Mali, Democratic People’s Republic of Korea (North Korea), Iran, Iraq, Russia, Belarus, regions of Ukraine: Crimea, Sevastopol, Donetsk, Luhansk, Zaporizhzhia, Kherson or any other state, country or region that is subject to sanctions enforced by the United Nations, European Union and its Member States, United States and United Kingdom sanctions lists.

4.7.   You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. You agree not to access the Services using any technology for the purposes of circumventing these Terms.

4.8.   The Services and the Platform do not interact with digital wallets, which have been previously classified or otherwise identified by international organizations or any state and governmental authorities of any jurisdiction, as belonging or affiliated with the persons specially designated or otherwise included in the Sanction Lists (the “Restricted Persons”). For the purposes of these Terms, the Restricted Persons shall also include all persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the Prohibited Jurisdictions.

4.9.   As mentioned above, our Services may include the third-party services. Your interaction with and use of the third-party (Linked Sites) services is governed by the respective terms and conditions of the third-party (Linked Site) providers, including but not limited to their eligibility requirements, restrictions on certain localities, restricted persons or any other eligibility-related terms. As a result, based on those terms set by the third-party providers, your access to certain products and / or features of the Services may be restricted by those providers. Please note that we only facilitate your interaction with these Linked Sites or third services providers and we bear no liability for any such restrictions thereof. It is your own responsibility to review those terms and conditions, and ensure that you meet the requirements set forth therein.

5.    ACCESS TO THE PLATFORM AND THE SERVICES

5.1.   General

5.1.1.  You agree and understand that you are not allowed to enter any restricted area of any computer or network of ours under any circumstances, or perform any functions that are not authorized by these Terms.

5.1.2.  The Platform / Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or on the Services or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services / Platform. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Services / Platform, any user content or the Third-Party content posted on or through the Platform or transmitted to users, or any interactions between users of the Platform, whether online or offline.

5.1.3.  We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions (Force Majeure).

5.2.   Compliance

5.2.1.  The Services may not be available or appropriate for use in all jurisdictions. By accessing or using the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Services and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.

5.2.2.  You understand and agree that you may be required to complete Know Your Client (KYC) / Know Your Business (KYB) (the “KYC / KYB Checks”) checks through a third-party provider to access certain products and / or features. Your refusal to provide requested information may result in access restrictions.

5.2.3.  As we aim to provide a safe and compliant environment within the Services and the Platform, some of the products and / or features accessible through the Platform may be available to you only upon the completion of the verification process. The verification involves completing an identifying KYC / KYB questionnaire as required by applicable anti-money laundering, anti-terrorist financing, fraud prevention, sanctions laws and regulations.

5.2.4.  The KYC / KYB Checks may be designated to a third-party provider. In order to complete the KYC / KYB Checks, you undertake to promptly provide all required information, including supporting documentation and other evidence, as may be reasonably requested, to such third-party provider elected by us. You are solely responsible for the accuracy and completeness of the data provided.

5.2.5.  You acknowledge and understand that the outcome of the KYC / KYB Checks lies in the sole discretion of the third-party provider. After having successfully passed the KYC / KYB Checks you will be granted access to the relevant products and / or features on the Platform and the Services. In case you refuse or deny providing information as requested by the third-party provider, your access to the respective products and / or features of the Platform may be restricted.

5.2.6.  You understand that the amount of information requested to provide as part of the KYC / KYB Checks may be subject to change over time and that you may at a later point in time be required to provide additional documents and / or information. The data is collected to comply with applicable legal and regulatory obligations aiming verify your identity and determine your legal eligibility. This data is securely maintained and disclosed only when permitted by law. For more information on how your personal data is processed please refer to our Privacy Policy.

5.3.   Risk Assessment

5.3.1.  We may use publicly available information, as well as third-party services, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats. Such risk assessment services may be provided by various third-parties.

5.3.2.  You acknowledge and agree that risk assessment may be conducted using third-party services to monitor wallet addresses and / or other content for non-compliant behavior based on publicly available information. We reserve the right to block or restrict access of the wallet address associated with such illicit activity. We hold no liability for such assessment, restriction, results, or accuracy of the third-party services.

5.3.3.  We reserve the right, but have no obligation, to use publicly available and accessible information and engage third-party providers to monitor and assess your and / or other users’ wallet addresses, third-party links, domain names, virtual currencies, smart contracts, and any other content available via the Platform for the risks of money laundering, terrorism financing, fraud and / or any other illicit or non-compliant activities. No additional personal data is collected to perform such compliance assessment.

5.3.4.  You acknowledge and understand that the compliance assessment results lie in the sole discretion of the third-party provider when certain features are provided within the Platform by the Linked Site. We have no control over or connection to these Linked Sites, thus we are not and cannot be responsible for the accuracy of the information or the services of such providers. These Linked Sites services are governed by their respective terms of use, please read them carefully.

5.3.5.  We reserve the right, but have no obligation, to provide respective warnings to you. You hereby acknowledge that we have no responsibility and shall not be held liable for such assessment, restriction, results, or accuracy thereof. You are solely responsible for the final decision as to the applicability and fitness of such risk assessments.

5.3.6.  We reserve the right, but have no obligation, to block or restrict any activity on the Platform that may be associated with any illicit and / or non-compliant activities. If you believe you or your wallet address has been blocked or restricted from using the Services by mistake, please contact us at:[email protected]

5.3.7.  We may provide phishing risk alerts through the Platform, but we do not guarantee their accuracy or reliability. You are responsible for assessing their applicability, and we are not liable for any claims or losses related to these alerts. We may occasionally provide phishing and other potential risk alerts through the Platforms. These risk alerts are provided for informational purposes only and we do not make any representations or warranties regarding their accuracy, completeness or reliability. You are solely responsible for the final decision as to the applicability and fitness of such alerts. You hereby acknowledge and agree that risk alerts are provided on an “as-is” basis, without any warranties or guarantees, and that you assume all the associated risks. We have no responsibility and shall not be held liable for any claims, damages or losses arising from or in any way relating to such alerts.

5.4.   Access and use of the Platform

5.4.1.  The Platform provides a user interface for the Service, users or you that display price information on Virtual assets. All interactions related to the Platform are executed outside of our direct or indirect control. We do not interact with the Virtual assets involved at any stage of your interaction. The Platform and the Services are constantly changing, so you might see features come and go as we continue to improve our experience and services for users.

5.4.2.  We reserve the right to disable access to the Platform and / or the Services at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Services by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason.

5.4.3.  We do not control your interactions and stop an interaction or attempt to reverse an interaction after it occurred. There are some strict rules:

5.4.3.1.  do not in any way harm the Platform / the Services or other users;

5.4.3.2.  you are ultimately responsible for any interactions as relevant to the Platform and the Services.

5.4.3.3. Please review, obtain, or otherwise seek additional information or support before interactions with Virtual assets via the Platform.

5.4.4.  You specifically acknowledge and agree that the Platform facilitates your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or Virtual assets and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.

5.4.5.  Without limiting the foregoing, you specifically understand and hereby represent your acknowledgement of the following:

5.4.5.1. The pricing information data provided through the Platform does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into a transaction with the Platform;

5.4.5.2. The Platform does not act as an agent for any of the users;

5.4.5.3. The Platform does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation;

5.4.5.4. Although it is intended to provide accurate and timely information on the Platform, the Platform or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform or relevant tools are your sole responsibility.

5.4.6.  By accessing the Platform you agree that you will not use the Platform and the Services in a manner that:

5.4.6.1. Breaches the Terms;

5.4.6.2. Infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law;

5.4.6.3. Seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;

5.4.6.4. Attempts, in any manner, to obtain the private key, password, account, or other security information from any other user, including such information about the digital wallet;

5.4.6.5. Decompiles, reverse engineers, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform and the Services;

5.4.6.6. Seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information aiming to unlawfully obtain the property of another;

5.4.6.7. Violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as spoofing and wash trading;

5.4.6.8. Disguises or interferes in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;

5.4.6.9. Transmits, exchanges, or is otherwise supported by the direct or indirect proceeds of criminal or fraudulent activity;

5.4.6.10.  Contributes to or facilitates any of the foregoing activities.

5.4.7. All information provided in connection with your access and use of the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Platform or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos.

5.4.8. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

5.4.9. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set forth expressly in the Terms.

6.    INTELLECTUAL PROPRIETARY RIGHTS

6.1.   We own all intellectual property and other rights in the Platform and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Services or any of its contents. Accessing or using the Services does not constitute a grant to you of any proprietary intellectual property or other rights in the Platforms / Services or its contents.

6.2.   You will retain ownership of all intellectual property and other rights in any information and materials you submit through the Platform. However, by uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations.

6.3.   You may choose to submit comments, bug reports, ideas, or other feedback about the Platform / the Services, including, without limitation, about how to improve the Services (collectively – the “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If necessary, under applicable law, then you hereby grant us a perpetual, irrevocable, non-exclusive, transferable, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

6.4.   If (i) you satisfy all of the eligibility requirements set forth in the Terms, and (ii) your access to and use of the Services complies with the Terms, you hereby are granted a single, personal, limited license to access and use the Services. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause in our sole discretion. Use of the Services for any purpose not expressly permitted by the Terms is strictly prohibited. Unlike the Platform / the Services, the protocols are comprised entirely of open-source software running on the public Ethereum, Ethereum layer 2 solutions or other blockchain networks and are not our proprietary property. The protocols may also run on the other blockchains to which the same clause applies.

7.    LIMITATION OF LIABILITY & IDEMNIFICATION

7.1.   We (including our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, etc.) are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e. g. natural disasters, emergency conditions, government actions, third party actions etc.). Under no circumstances we or our officers, directors, employees, contractors, agents, affiliates, or subsidiaries are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind.

7.2.   We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access to or use of the Services; (c) unauthorized access to or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Services; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services; (f) errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through the Platform; and (g) the defamatory, offensive, or illegal conduct of any third party.

7.3.   Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of (i) the amount you paid to us in exchange for access to and use of the Services, or (ii) $250.00 .

7.4.   This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in the Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

7.5.   You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from (a) your access to and use of the Services; (b) your violation of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Services with your assistance or using any device or account that you own or control.

8.    DISPUTE RESOLUTION

8.1.   A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, as we aim to resolve any disputes between you and us amicably prior to commencing any judicial proceedings.

8.2.   Binding Arbitration. By accepting these Terms, you acknowledge that you and us: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Services or any other disputes with us (collectively – the “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and us agree to arbitrate the Disputes that are not resolved informally (as described below in point 9.4) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).

8.3.   No Class Arbitrations, Class Actions or Representative Actions. You and us agree that any dispute is personal to you and us and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempt to resolve a dispute as a representative of another individual or group of individuals. Further, you and us agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

8.4.  You and us agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to us shall be provided by sending an email to[email protected]Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and us cannot resolve the Dispute within thirty (30) days of us receiving the notice, either you or us may, as appropriate pursuant to this Section 8, commence an arbitration proceeding. You and us agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and us agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).

8.5.   These Terms are governed by and will be construed under the laws of theBritish Virgin Islands , without regard to principles of conflict of laws, govern the Terms and any Dispute between you and us. Any Dispute under these Terms shall be finally settled by binding arbitration (as defined below). Any unresolved Dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the rules of theEuropean Court of Commercial Arbitration , which rules are deemed to be incorporated by reference into this Section 8 to the extent they are consistent with it. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Europe, EU, in English, in accordance with the Europen Court of Commercial Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, to the extent a court therein would be deemed to be a court of competent jurisdiction other than any court located in the United States of America. You further agree that the Platform shall be deemed to be based solely in the British Virgin Islands and that, although the Platform and the Services may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands.

8.6.   As limited by these Terms and applicable arbitration rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding the Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

9.    FINAL PROVISIONS

9.1.   These Terms (and any additional terms, rules and conditions of participation that may be posted on the Platform) including the Privacy Policy constitute the entire agreement with respect to the Platform and the Services and supersedes any prior agreements, oral or written.

9.2.   The Privacy Policy describes the ways we collect, use, store and disclose your personal information. You agree to the collection, use, storage, and disclosure of your data in accordance with the Privacy Policy.

9.3.   Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

9.4.   In the event that any provision of these Terms is deemed invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected and unimpaired. Any invalid or unenforceable portions can be reasonably interpreted to fulfill the intent and purpose of the original provision. If such interpretation is not possible, the invalid or unenforceable portion will be severed from these Terms, while the remaining provisions of the Terms will remain in full force and effect.

9.5.  Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language. In the event of conflict or ambiguity between the English language version and translated versions of these terms, the English language version shall prevail. You acknowledge that you have read and understood the English language version of these Terms.