📓Terms of Service

TERMS OF USE

Last Updated: 25 June 2024

1. General

This website-hosted user interface known as JuicyPerp.xyz (this “Interface”) is made available by Moby Studios Inc., a corporation organized and existing under the laws of Panama (the “Company”).

These terms of use, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or any agreement that the Company ( “we,” “us” and “our”) posts publicly or makes available to you or the Company or other legal entity you represent (“you” or “your”) (collectively, these “Terms”), are entered into between the Company and you concerning your use of, and access to, the Company’s websites, including the Interface; web applications; mobile applications; and all associated sites linked thereto by the Interface, or us or our affiliates (collectively with any materials and services available therein, and successor website(s) or application(s) thereto, the “Site”).

THESE TERMS EXPRESSLY COVER YOUR RIGHTS AND OBLIGATIONS, AND OUR DISCLAIMERS AND LIMITATIONS OF LEGAL LIABILITY, RELATING TO YOUR USE OF, AND ACCESS TO, THE SITE AND THE INTERFACE.

We do not give any warranties, whether express or implied, as to the suitability or usability of the Interface or the Site, their software or any of its content. We will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by you or any party as a result of the use of the Interface or the Site or their content and functionalities.

By accessing, using or clicking on our Site you agree that you have read, understood, and to are bound by these Terms and that you comply with the requirements listed herein. Please note that blockchain networks are controlled by third parties (who may be distributed networks of independent computers), and are therefore not included in the definition of the “Site”. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Site or the Interface. In addition, when using some features of the Site, you may be subject to specific additional terms and conditions applicable to those features.

Information contained on the Site is current as at the date of publication, and we may modify, suspend or discontinue the Site or the Interface at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. Any and all modifications or changes to these Terms will become effective upon publication on our Site or release to Users. Therefore, your continued use of our Site or the Interface is deemed your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, please do not access or use the Site or the Interface.

The Site and the Interface are not available to residents of Afghanistan, American Samoa, Angola, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, China, Crimea of Ukraine, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Guam, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Japan, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Mozambique, Myanmar, Nicaragua, Northern Mariana Islands, Pakistan, Panama, Puerto Rico, Republic of the Congo, Russia, Somalia, South Sudan, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, United States, Uzbekistan, Vanuatu, Venezuela, Virgin Islands (U.S.), Yemen, and Zimbabwe and any other jurisdiction in which accessing or using our protocol is prohibited (each a “Restricted Country”). We reserve the right to choose markets and jurisdictions to conduct business and may restrict or refuse the access of the Site and the Interface in other countries or regions in our sole discretion.

We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Site or updating the “Last Updated” date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Site and the Interface after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Site and the Interface.

2. Protocol

The Site is an interface that enables you to interact with the Protocol, which is a decentralised autonomous system deployed on certain blockchain networks (the “Protocol”). The Protocol shall be available on one or more blockchain networks, the list of such networks may evolve from to time. It is further expressly acknowledged that we neither control nor operate the Protocol. Information and materials about the Protocol available on the Site are provided for the information purposes only, are not binding and do not form a part of these Terms.

The Protocol is comprised of smart-contracts deployed on the blockchain network(s) that operate in a decentralised and autonomous manner. These smart-contracts can be reviewed, verified, used, copied, modified, and distributed by anyone (subject to the terms of the applicable license). Accordingly, there might be other interfaces enabling interaction with the Protocol that we neither control nor are affiliated with. Furthermore, anyone can interact directly with the Protocol bypassing the Site and other interfaces. You should carefully and thoroughly review and assess the Protocol and related software before you use them, and any such use shall be at your own risk. You should always do your own research.

You further acknowledge that we do not control the Protocol, its underlying blockchain networks, and any software through which such network is formed. We only provide the users with the Site being an interface to access the Protocol. Accordingly, in no event shall we be responsible for or held liable in connection with the Protocol, underlying blockchain networks or software, their operation, functioning, implementation, or use, and you hereby assume and accept any and all related risks, including the risk of possible losses and damages that you may incur in connection with the use thereof.

3. Digital Assets

The Site relates to Digital Assets, which refer to a digital representation of value originating in the rights associated with the Digital Asset, the ownership of such asset is recorded in a blockchain protocol using smart contracts (“Digital Asset”). There are risks in trading or otherwise dealing in Digital Assets, including but not limited to those outlined in section ‘Disclaimer and Assumption or Risks’.

4. Your Digital Wallet

When using the Site, you may connect your digital wallet through one of the third-party compatible software wallets. Software wallets constitute third-party services and the Site is not responsible for, does not endorse, shall not be held liable in connection with, and does not make any representations or warranties, whether express or implied, as to the software digital wallets used by you with the Site, or how the Site will operate with any specific digital wallet or otherwise. When using third-party software wallets, you should review applicable terms and policies that govern your use of such software.

The Site never receives access to, operates, maintains, has custody or control over your digital Wallet or Digital Assets held in such digital wallet, and has no ability to retrieve or transfer its content. Therefore, you are solely responsible for securing your digital wallet and credentials thereto (including private key, seed phrase, password, etc.) You may disconnect your digital wallet from the Site at any time.

5. Interface

The Site includes a decentralized exchange platform which is an interface only allowing users to access, trade and transfer Digital Assets, or otherwise interact with the Protocol including Non-Fungible Token (“NFT” or “NFTs”).

You understand that the Interface is independent from the Protocol, provides a web-based means of access between the buyers and sellers of Digital Assets, and that our responsibilities are limited to the user’s functionality and availability of the Interface.

We are not an intermediary or a reseller of Digital Assets and neither are we a party to any agreement entered into between a buyer and a seller. We have no control over the Protocol, conduct of buyers, sellers or any other users of the Interface, nor on the Digital Assets offered to be sold to users, or the features and rights associated with such Digital Assets. We accept no liability for any aspect of the buyer’s and seller’s interactions, including but not limited to the description of Digital Assets offered for sale and the delivery of them to you.

The Interface does not allow transaction in fiat or any other means of payment, other than Digital Assets. The list of Digital Assets available on the Interface may evolve from time to time at our sole discretion. Any purchases or financial transactions on the Interface will be completed through smart contracts of the Protocol using your compatible Wallet.

We have no control over the purchase or sale prices of Digital Assets, which are determined by algorithmic smart contracts. Furthermore, we will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Interface. We will not issue refunds for any purchases made of Digital Assets. If you decide that you do not want a Digital Asset following your purchase of the same, your sole recourse is to resell your Digital Asset on the Interface or on any other platform.

Digital Assets that we deem inappropriate, disruptive, or illegal will be prohibited on the Interface. We reserve the right to determine the appropriateness of listings on the Interface and have the discretionary power to remove any listing at any time. If you offer a Digital Asset in violation of these Terms, we may take corrective actions, as appropriate, including but not limited to removing the Digital Asset from the Interface and permanently withholding the payment of any commissions and/or fees. Although we cannot destroy or impound your Digital Assets, we reserve the right to destroy inappropriate metadata stored on our servers.

6. Eligibility and Limitations

By accessing, using or clicking on our Site and using or attempting to use the Interface, you represent and warrant that:

1. if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them and if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;

2. you are at least 18 or are of legal age to form a binding contract under Applicable Laws (as defined below);

3. your access to the Site is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Company, you, the Site or the Interface, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.

4. your use of the Site is at all times compliant with regulations on anti-money laundering (“AML”), anti-corruption, and counter-terrorist financing (“CTF”);

5. you are not a citizen, resident or domiciliary in a Restricted Country, nor are you using our Site or Interface on behalf of any person or entity from a Restricted Country;

6. you have not been included in any trade embargoes or economic sanctions list, the list of specially designated nationals maintained by OFAC, or the denied persons or entity list of the U.S. Department of Commerce, nor you have been a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union or the United Kingdom;

7. you have not been previously suspended or removed from using our Site;

8. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;

9. you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Site; and

10. you are solely responsible for use of the Site and, if applicable, for all activities that occur on or through your user account.

As a condition to accessing or using the Site or the Interface, you acknowledge, understand, and agree to the following:

1. from time to time the Site and the Interface may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that the Company or any of its suppliers or contractors may undertake from time to time; (c) causes beyond the Company’s control or that the Company could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;

2. we reserve the right to disable or modify access to the Site and the Interface at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate or you are violating or have violated any of the geographical restrictions that apply to the Site, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Interface being inaccessible to you at any time or for any reason;

3. the Site and the Interface may evolve, which means the Company may apply changes, replace, or discontinue (temporarily or permanently) the Site and/or the Interfaceat any time in its sole discretion;

4. the Company does not act as an agent for you or any other user of the Site or the Interface;

5. you are solely responsible for your use of the Site and the Interface, including all of your transfers of Digital Assets and the custody and control of your Digital Assets;

6. to the fullest extent not prohibited by Applicable Laws, 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, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;

7. you are solely responsible for reporting and paying any taxes applicable to your use of the Site and the Interface;

8. we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the Site, then you bear the entire risk;

9. all information provided in connection with your access and use of the Site and the Interface 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 on the Site or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, social media content, and videos. Before you make any financial, legal, or other decisions involving the Site, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate;

10. we appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site and the Interface (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) without any restriction or compensation to you.

7. Identity Verification

We and our affiliates may, but are not obligated to, collect and verify information about you in order to keep appropriate record of our users, protect us and the community from fraudulent users, and identify traces of money laundering, terrorist financing, fraud and other financial crimes, or for other lawful purposes.

We may require you to provide or verify additional information before permitting you to access, use or click on our Site and/or use or attempt to use our use or access the Interface. We may also suspend, restrict, or terminate your access to the Site in the following circumstances: (a) if we reasonably suspect you of using the Site or the Interface in connection with any prohibited use or business; (b) your use of the Site or Interface is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your activity; or (c) you take any action that we deem as circumventing our controls, including, but not limited to, abusing promotions which we may offer from time to time.

In addition to providing any required information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed. You also authorize us to share your submitted information and documentation to third parties to verify the authenticity of such information. We may also conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud, and to take necessary action based on the results of such investigations. We will collect, use and share such information in accordance with our privacy policy.

If you provide any information to us, you must ensure that such information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, we reserve the right to send you a notice to demand correction, directly delete the relevant information, and as the case may be, terminate all or part of the Site and/or Interface we provide for you. You shall be fully liable for any loss or expense caused to us during your use of the Site. You hereby acknowledge and agree that you have the obligation to keep all the information accurate, update and correct at all times.

We reserve the right to confiscate any and all funds that are found to be in violation of relevant and applicable AML or CTF laws and regulations, and to cooperate with the competent authorities when and if necessary.

8. Restrictions

You shall not access, use or click on our Site and/or use or attempt to use the Site in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT:

1. use the Siteor use the Interface in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms;

2. violate Applicable Laws in any manner;

3. infringe any of our proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets;

4. use the Site or use the Interface to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or computer code designed to adversely affect the operation of any computer software or hardware;

5. use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate or bypass the Site or the Interface;

6. make any back-up or archival copies of the Site or any part thereof, including disassembling or de-compilation of the Site;

7. violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other users from using the Site;

8. use the Site for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);

9. attempt to access any part or function of the Site without authorization, or connect to the Site or Interface or any Company servers or any other systems or networks provided through the Site by hacking, password mining or any other unlawful or prohibited means;

10. probe, scan or test the vulnerabilities of the Site or any network connected to the properties, or violate any security or authentication measures on the Site or any network connected thereto;

11. reverse look-up, track or seek to track any information of any other users or visitors of the Site;

12. take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Site, or the infrastructure of any systems or networks connected to the Site;

13. use any devices, software or routine programs to interfere with the normal operation of any transactions of the Site or any other person’s use of the Site; or

14. forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to the Site.

By accessing the Site, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice.

9. Fee And Payment

Any purchases from the Site will be done through smart contracts on a blockchain using a compatible wallet. Any financial transactions that you engage in will be conducted solely through the blockchain via a digital wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site, or any other transactions that you conduct via any blockchain network.

We may implement at our sole discretion, additional means of payments (including but not limited to) fiat or cryptocurrency payments provided by independent third-party service providers that we have partnered with. You, however, acknowledge and understand that we have no insight into, or direct control over, the services provided by such third-party service providers and we shall have no liability to you or to any third party for any claims or damages that may arise from your use of such services. The use of any third-party payment services available on the Site will likely have its own set of rules and guidelines for usage of such services. We do not endorse, and we shall not be responsible or liable for, any content, advertising, products, payment mechanisms and processes or materials on or available from your use of such services.

Most blockchain networks require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such a network. The Gas Fee funds the network of computers that run the relevant network. This means that you will need to pay a Gas Fee for each blockchain transaction that occurs via the Site.

We may collect a commission each time you utilize the Interface to conduct a transaction with another user (“Commission”), such Commission will amount to a percentage of the total value of that transaction, which may evolve from time to time as solely determined by us. You acknowledge and agree that the Commission will be transferred directly to us through the network as a part of the transaction.

10. Termination

We may terminate, suspend, or modify your access to the Site and/or the Interface, or any portion thereof, immediately and at any point, at its sole discretion. We will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Site. Upon termination of your access to the Site, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

11. Disclaimers and Assumption of Risk

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DOE NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE INTERFACE, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING THERETO. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL MEET YOUR NEEDS, OR THAT THE SITE, THE INTERFACE OR ANY MATERIALS IN CONNECTION WITH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS EXPRESSLY DISCLAIM ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OF OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:

1. ANY PERFORMANCE OR NON-PERFORMANCE OF THE SITE, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US OR OUR AFFILIATES;

2. ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE PROTOCOL, OR IN CONNECTION WITH THIS AGREEMENT;

3. ANY INACCURACY, DEFECT OR OMISSION OF ANY DATA OR INFORMATION ON THE SITE;

4. ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;

5. ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS OR VIOLATIONS OF THESE TERMS BY ANY THIRD PARTIES; OR

6. ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT OUR PROPER AUTHORISATION.

EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, ACTUAL FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. WE WILL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH WE DO NOT HAVE CONTROL. THIS PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.

WE MAKE NO WARRANTY AS TO THE MERIT, LEGALITY OR JURIDICAL NATURE OF ANY TOKEN SOLD ON OUR PLATFORM (INCLUDING WHETHER OR NOT IT IS CONSIDERED A SECURITY OR FINANCIAL INSTRUMENT UNDER ANY APPLICABLE SECURITIES LAWS).

BY MAKING USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES WITH A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM (“DIGITIAL CURRENCIES”); (B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SITE AND TRANSACTIONS OF DIGITAL CURRENCIES; AND (C) WE SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF DIGITAL CURRENCIES ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN PURCHASING, HOLDING OR INVESTING IN DIGITAL CURRENCIES.

12. Intellectual Property

All present and future copyright, title, interests in and to the Site, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Site and the Interface are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Site and the Interface in the permitted hereunder.

Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party’s intellectual rights.

If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

You agree and acknowledge that all content on the Site must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from us.

Third parties participating on the Site may permit us to utilise trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the content of the Site does not infringe the rights of any third party.

13. Independent Parties

We are an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership or franchise between the parties.

14. Loss of Investment

Investing in digital assets is highly risky and may lead to a total loss of investment. You must have sufficient understanding of cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to appreciate the risks involved in dealing in digital assets. You understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by using or transferring digital assets in connection with the Site. You should not take, or refrain from taking, any action based on any information contained on the Site. Before you make any financial, legal, or other decisions involving the Site, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

15. Indemnification

You agree to indemnify and hold us and our affiliates harmless and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

1. your use of, or conduct in connection with, the Site or Interface;

2. your breach or our enforcement of these Terms; or

3. your violation of any Applicable Law, regulation, or rights of any third party during your use of the Site or Interface.

If you are obligated to indemnify us and our affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors pursuant to these Terms, we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.

Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.

16. Taxes

As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Site. Except for income taxes levied on the Company, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

17. Confidentiality

You acknowledge that the Site contains ours and our affiliates’ trade secrets and confidential information. You agree to hold and maintain the Site and Interface in confidence, and not to furnish any other person any confidential information of the Site and Interface. You agree to use a reasonable degree of care to protect the confidentiality of the Site. You will not remove or alter any of our or our affiliates’ proprietary notices. Your obligations under this provision will continue even after these Terms have expired or been terminated.

18. Anti-Money Laundering

We expressly prohibit and reject the use of the Site and the Interface for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations. By using the Site and/or the Interface, you represent that you are not involved in any such activity.

19. Force Majeure

We have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our Site and business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.

20. Governing Law and Jurisdiction

The parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms. These Terms and any dispute or claim arising out of or in connection with the Site and Interface shall be governed by, and construed in accordance with, the laws of the Republic of Panama and through the courts of the Republic of Panama.

Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely as set out above and will not be brought as a class action or any other type of representative proceeding.

21. Severability

If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect.

If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

22. Notices

All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to us through the Site.

23. Assignment

You may not assign or transfer any right to use the Site or any of your rights or obligations under these Terms without our prior written consent, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

24. Third Party Rights

No third party shall have any rights to enforce any terms contained herein.

25. Third Party Website Disclaimer

Any links to third party websites from our Site does not imply endorsement by us of any product, service, information or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. If you suffer loss from using such third party product and service, we will not be liable for such loss. In addition, since we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.

26. Risks

You should conduct your own due diligence of any issuer or cryptocurrencies and consult your advisors prior to making any investment decision. You are recommended to exercise prudence and trade and invest responsibly within your own capabilities. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation.

We do not recommend that any cryptocurrencies should be bought, earned, sold, or held by you and we will not be held responsible for the decisions you make based on the information provided by us on this Site.

We are a developer and/or licensee of software. The Company does not operate a Digital Asset or derivatives exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning your transactions using the Site. All transactions between users of the Site are executed to be peer-to-peer directly between the users through a smart contract. You are responsible for complying with all Applicable Laws that govern your Contracts.

You understand that the Company is not registered or licensed by any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the Company-operated open- source software. The Site and the Company-operated software do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. The Company is not acting as an investment adviser or commodity trading adviser to any person or entity.

In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. The Company is not responsible for the operation of the underlying protocols, and the Company makes no guarantee of their functionality, security, or availability.

To the maximum extent permitted under Applicable Law, the Site and the Interface (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Site or the Interface (including any data relating thereto) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in the Site or the Services are correctable or will be correctable.

You acknowledge that your data on the Site may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.