Terms & Conditions

1. ACCEPTANCE OF THE TERMS AND CONDITIONS

1. Scope: These terms and conditions constitute a legally binding agreement (the “Agreement”) between you (“you”, “your” or “user”) and Polynomial Research Limited (the “Company,” “we,” “our,” and their derivatives).

The Agreement governs your access and use of our [https://www.polynomial.fi] and its subdomains, and the app, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (the “Platform”), video games, online competition and other online services offered by us (the Platform and other services, collectively referred to as the “Services”). This Agreement sets out terms and conditions (the “Terms”) on which we offer you access to the Platform and use of our Services.

2. Modifications: We reserve the right to change or modify these Terms at any time, at our sole discretion by posting a notification on our website [app.polynomial.fi/https://www.polynomial.fi]. In case of any modification made to these terms, we will post a notice at the top of our service for a period of seven (7) days. If the user continues the use of the services, then that will be constituted as an acknowledgement of, acceptance of, and agreement to the revised terms.You should review these Terms before using any Services provided by the Platform. ‍

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3. Electronic Contracting: By using the Services, you agree to contract electronically with the Company and agree to these Terms, together with any documents that may be expressly referred to and are incorporated by reference herein, including our Privacy Policy. You agree that these electronic Terms combined with your act of using the Services, have the same force and effect as your written signature and satisfy any laws that require a writing or signature. You affirm that if you are using the Services on behalf of an organisation or company, you have the legal authority to bind any such organisation or company to these Terms.

You shall not use the Services if you: (i) do not agree to these Terms; (ii) are not of the age of 18 years or a major in your jurisdiction of residence, or (iii) are prohibited from accessing or using the Services or any of its contents, products or services by applicable law,

4. Restricted Jurisdiction: The Services are not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent applicable.

SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:

PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”) OR PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).

WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON OR OTHER RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE POLYNOMIAL PROTOCOL OR ANY RELATED SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED

2. PRIVACY POLICY
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All personal information collected by us pursuant to the Services is subject to our privacy policy (available at https://www.polynomial.fi) (the “Privacy Policy”). Please read our Privacy Policy. By using any of our Services, you agree to accept and be bound by our Privacy Policy.

Notwithstanding anything otherwise provided in this Agreement, we may monitor, analyse, and compile statistic connected/related to your use of the Services but only in anonymized format (“Anonymized Info”). By accepting these Terms, you agree to grant us the right to make such Anonymized Info available publicly, provided in all such case the Anonymized Info will not contain identifying information. We and/or our licensors own all right, title and interest in and to the Anonymized Info, and all related software, technology, documentation developed pursuant to such Anonymized Info including all intellectual property (“IP”) rights. ‍‍
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3. INTELLECTUAL PROPERTY RIGHTS

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3.1 Ownership: All the content of the Services, including the Platform (such as text, graphics, logos, images, as well as the compilation thereof) and any software (including in both object code and source code form) or other proprietary data or information used in connection with any of the Services (collectively, the “Content”), are owned, controlled by us, or licensed to us, and are protected by copyright, trademark and other IP rights (the “Company’s IP”). We reserve all the rights in connection with the Company’s IP, including, without limitation, the exclusive right to create derivative works. Notwithstanding anything to the contrary provided in this Agreement, all such derivative works created or generated by a user based on or derived from content and the Company’s IP (“Derivative Works”) shall be owned exclusively by us.

3.2 User Contents: To the extent any content created (by posting or generation of information on the Platform or otherwise content, materials or information provided to the Company or in connection with the Services) by the users, which is not derived from the Company’s IP or the Derivative Works (collectively, the “User Content”), the user grants the Company a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Content (including all related intellectual property rights) and to allow other users to do so. You represent and warrant that you have obtained all necessary rights, releases, and permissions to provide the User Content to us and to grant the rights provided under these Terms.

You further grant each user of the Services a non-exclusive license to access your User Content through the Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such user submissions as permitted through the functionality of the Platform. Furthermore, you accept and understand that we retain the right to reformat, modify, create derivative works of, except, and translate any User Content. You accept and understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person who created the User Content, and that we will not be liable for any errors or omissions in any User Content. You shall be solely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Platform or to us.

You also acknowledge and accept that we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

3.3. Exceptions: As an eligible user of the Services, you are granted a limited license to download or print a copy of any portion of the content to which you have legally gained access solely for your personal and non-commercial use.
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4. LIMITED LICENSE TO USE THE SERVICES‍

1.Subject to these Terms, the Company grants you a non-exclusive, non-transferable (except with our written permission), non-sublicensable (except as otherwise permitted under these Terms), personal and revocable licence to access the Platform and use the Services for your own personal, non-commercial use, and not for the benefit of any third party (“License”). For the Services, the user will be granted License to install and use one copy of the software provided by us on the user's personal computer or mobile device, solely in machine executable object code form.

2. Except as expressly provided in these Terms, no part of the Services, including the content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. You are allowed to use the Services only for lawful purposes and in accordance with the Terms of this Agreement. Further, you agree not to use the Services in any way that may violate any applicable law, exploit/harm anyone, for advertisement/promotional purpose, or to impersonate the Company/anyone.

4. In addition, by using the Services you warrant, represent, and agree that you shall not undertake any action that have adverse effect on the Services and/or the reputation of the Company, including but not limited to:

disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services,
engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by us, may harm the Company,
use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights,
remove any copyright, trademark, or other proprietary rights notices contained in or on the Services,
modify, adapt, translate, or reverse engineer any portion of the Services, or use any manual process to monitor or copy any of the material on the Services for any other unauthorized purpose,
otherwise attempt to interfere with the proper working of the Services,
not access the Services, including the site, the app and the smart contracts through automated and non-human means, whether through a bot, script or otherwise, and
encourage or enable any other person to do any of the foregoing.

5. The technology and software underlying the Services, and the transmission of applicable data, if any, may be subject to export controls imposed by the laws of the British Virgin Islands and your local jurisdiction. No software related to the Services may be downloaded or otherwise exported or re-exported in violation of any of such export laws. You accept and acknowledge that the downloading or using the software for the purpose of the Services is at your sole risk. Further, you agree to comply with all laws and restrictions regarding your use of the Services in view of the global nature of the internet.

6. You acknowledge and accept that the Company may monitor your access to or use of the Services for the purpose of operating and updating the Services, to ensure compliance with these Terms and to ensure compliance with applicable laws. If any activity of the user access is found to be objectionable or in violation of the Terms, the Company at its sole discretion may remove, disable, or suspend such user’s access to any of the Services, at any time and without notice. Further, you will cooperate with us and/or with any law enforcement authorities for the purpose of investigating violations of these Terms and/or applicable law.

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5. SERVICES

5.1 The Services will enable users, including but not limited to aggregation of different protocols of the on-chain options under one platform, with underlying tokens that can be used on a blockchain (each such asset “Cryptocurrency Tokens”).

5.2 The Platform will provide key management functions to its users which include, but are not limited to, connectivity to cryptocurrency exchanges on third party websites, transaction signing ability on various blockchains, security solutions, identification solutions for various blockchains, etc. The cryptocurrency exchanges are operated independently from the Services, and their services are in no way linked to those set out in these Terms.

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6. MARKETPLACE

6.1 We shall make available a Marketplace for you to buy and sell Cryptocurrency Tokens, purchased, or earned. The Marketplace is intended to introduce the buyer and the seller. Our responsibility is limited to facilitating the process. We shall not be a party to any agreement entered into between a buyer and a seller, and have no control over the conduct of buyers, sellers, and any other users. We accept no liability for any aspect of the buyer and seller interaction, including but not limited to the description of items offered for sale and the delivery of the items.

6.2 In return for making the Marketplace available, the Company will charge a commission on the sale of the Digital Assets of an amount that is always specified in advance to the parties.

6.3 It is expressly agreed that payment for the Cryptocurrency Tokens will be made using the cryptocurrencies supported by the Platform. Payment will be made concurrently with the transfer of the Cryptocurrency Tokens to the last bidder. The seller shall bear the exchange-rate risk on the value of the cryptocurrency into fiat currency at the time of transfer and at the end of the sale.

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7. USER INFORMATION

7.1 To use the Service, you will need to register and create an account (“Account”). You represent and warrant that all registration information you submit will be true, accurate, current, and complete, and that you will maintain the accuracy of such information and promptly update such information when required. You will keep your password confidential and will be solely responsible for all use of your account and password. The Company reserves the right to remove, reclaim or change a username if in its sole discretion such username is inappropriate, obscene, or otherwise objectionable.

7.2 You shall be solely responsible for access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account or password. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. You are also required to ensure that you exit from your Account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this clause. We reserve the right, in our sole discretion, to refuse, cancel or suspend service, terminate Accounts, and/or to remove or edit content in the above case.

7.3 You accept and understand that for the purpose of rendering the Service, the Company may be required to maintain and retain certain data that you transmit, as well as data relating to your use of the Services. You are solely responsible for all such data that you transmit or that relates to any activity pursuant to the Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

7.4 NOTWITHSTANDING ANYTHING OTHERWISE PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPRIETARY OR OWNERSHIP INTEREST IN YOUR ACCOUNT, AND THAT EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COMPANY.

7.5 You understand and accept that we may need to verify your identity for provision of certain Services, such as transactions involving the receipt, processing, or transfer of any financial consideration, including real cash money or currency. We may require you to provide us with information about yourself, including your name, photo or other identification (e.g., driver’s license), and other personal information. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime. For this purpose, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies. We may, in our sole discretion, refuse to open an Account for you or restrict your access to certain aspects of the Services until we are able to verify your identity.

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8. THIRD PARTY CONTENT AND THIRD-PARTY INPUTS

8.1 If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only, and the inclusion of any link does not imply endorsement by us of such links. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You agree that you must evaluate, and bear all risks associated with, the use of any content (including any reliance on the accuracy, completeness, or usefulness of such content) made available on such links, including the terms and conditions/privacy policy of such sites.

8.2 You acknowledge and accept that the provision of the Services is contingent on, or impacted by, among others, third parties, other user, suppliers and other subcontractors (“Third Party Inputs”), and that we will not be responsible, and will have no liability for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs.

8.3 Further, for the provision of the Services, certain products, services, or functionality made available to you via the Platform are delivered by third parties. By using any such product, service or functionality originating from Platform, you accept and consent that we can share your information and data with such third parties to the extent necessary to facilitate the provision of product, service, or functionality.

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9. COMMUNICATION SERVICES AND INFORMATION DISCLOSURE‍

9.1 The Company has no obligation to monitor the Communication Services and disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion without notice, including terminating your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

9.2 The Company always reserves the right to: (a) disclose any information (including user information, information on Communication Services) as necessary to satisfy any applicable law, regulation, legal process or governmental, and (b) edit, refuse to post or to remove any information or materials, in whole or in part, including from the user profile, the Communication Services, in the Company’s sole discretion.

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10. FEE AND PAYMENT

10.1 The user may purchase Cryptocurrency Tokens on the Platform from the Company and will pay the price (plus any applicable taxes and charges, including any transaction fees) using one of the payment methods set out on the site. Unless otherwise expressly authorized by the Company, you are only allowed to make purchases for the above items from us or our authorized partners through our Platform. Any payments or financial transactions that you engage in via the Platform will be conducted solely through the Blockchain via a wallet.

[Note: Please feel free to incorporate other specification with respect to payment, example, such payment to be made solely though the Blockchain via a wallet etc.]

10.2 The user shall 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 Services (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your digital assets).

10.3 The user accepts and acknowledges that the Company does not have any insight into, or control over these payments or transactions, nor can it reverse any transactions. The Company has no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Platform, or any other payment or transactions that you conduct via any other wallet. We do not provide refunds for any purchases that you might make on or through the Platform, whether for Cryptocurrency Tokens or anything else. Users shall not hold the Company liable for any claims or damages that may arise because of any transactions that the user may have engaged through the Platform.

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11. DISCLAIMER

11.1 YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT YOUR ACCESS AND USE OF THE SERVICES ARE AT YOUR OWN SOLE RISK, AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

11.2 TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES (WITHOUT LIMITATION, THE PLATFORM, ANY SMART CONTRACT OR EXTERNAL WEBSITES), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

11.3 WITHOUT PREJUDICE TO THE ABOVE, THE COMPANY MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED ON THE PLATFORM; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

11.4 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS CAUSE BY OUR GROSS NEGLIGENCE.

11.5 IN JURISDICTIONS WHERE THE EXCLUSION OF CERTAIN WARRANTIES IS NOT ALLOWED UNDER LAW, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

12. LIMITATION OF LIABILITY

12.1 YOU UNDERSTAND AND ACCEPT THAT THE COMPANY, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWSOEVER INCURRED OR CAUSED, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFIT, GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSS.

12.2 NOTWITHSTANDING THE DAMAGES INCURRED BY YOU, THE COMPANY AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE TERMS OR YOUR ACCESS/USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES OR 100 USD. IN JURISDICTIONS WHERE THE EXCLUSION OF LIMITATIONS ON LIABILITIES IS NOT ALLOWED UNDER LAW, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

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13. RISK FACTORS

By utilizing the Services in any way, you represent that you understand the inherent risks associated with cryptographic systems, and warrant that you understand the usage and intricacies of native cryptographic tokens, smart contract-based tokens that follow various tokens standards, and blockchain-based software systems. In view of the above, you accept and acknowledge each of the following:

13.1. There is an inherent risk in buying, selling, or trading of any blockchain assets on a market. Fluctuations in the price of other digital assets could materially and adversely affect the value of your virtual assets collected on our Platform. You may increase or lose value in your Cryptocurrency Tokens at any time due to price volatility, especially in the crypto-currency market, and the potential loss in trading or holding any cryptocurrency supported by the Services can be substantial.

13.2. We do not guarantee that Cryptocurrency Tokens, will currently, or in the future maintain a certain value or market liquidity, and you understand that the current value or price of Cryptocurrency Tokens can drop as low as zero at any point. You acknowledge that we also do not guarantee that you will be able to sell the Cryptocurrency Tokens to any third party.

13.3. Cryptocurrency Tokens is not regulated by any central bank or other government authority. Instead, Cryptocurrency Tokens are backed by technology and trust, and currently, there is no bank or government regulator that can take measures to protect the value of the Cryptocurrency Tokens in a crisis, issue more currency, or balance the price fluctuations.

13.4. Cryptocurrency Tokens is based on blockchain technologies, a digital, decentralized and partially anonymous system that relies on peer-to-peer networking. This system has been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Services could be impacted by one or more regulatory inquiries or actions, including, without limitation, the licensing of or restrictions on the use, sale, or possession of digital tokens which could impede, limit, or end the Services or your ability to trade the Cryptocurrency Tokens at any point. Regulatory changes could have negative and material impact that could result in the Cryptocurrency Tokens having little or no value whatsoever.

13.5. Cryptocurrency Tokens, when transferred, will be controllable only by the possessor of unique private keys relating to the addresses in which the Cryptocurrency Tokens is held. The theft, loss or destructions of a private key required to access Cryptocurrency Tokens is irreversible, and because we do not have access to those private keys, such private keys cannot be restored by us, and we will not be responsible for user’s loss of access to its personal virtual wallet.

13.6. You are aware that additional risks of trading Cryptocurrency Tokens may exist that have not been set forth in these Terms, and you understand that it is your responsibility to carefully assess all the risks and determine whether your financial standing and tolerance for risk are suitable for buying, selling or trading Cryptocurrency Tokens s. It is also your responsibility to seek professional advice prior to using the Services and the Cryptocurrency Tokens s, and you understand that the Company does not provide any investment, legal, or tax advice.

13.7. Regulators in certain jurisdictions may view certain types of Cryptocurrency Tokens as securities, and as such, users in these jurisdictions may not have the ability to trade freely their Cryptocurrency Tokens. In jurisdictions where Cryptocurrency Tokens are deemed as securities, trading of Cryptocurrency Tokens may be restricted partially or completely. It is your responsibility to ensure compliance with the applicable laws of your jurisdiction.

13.8. You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and the Services, which could result in the theft or loss of your digital assets such as your keypairs, cryptographic tokens or property. The Company does not guarantee or otherwise represent full security of the system. By using the Services, you acknowledge and accept these inherent risks.

13.9. You acknowledge that blockchain applications are code and subject to flaws, and you acknowledge that you are solely responsible for evaluating any code provided by the Services, and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Services. Any loss of digital property and/or identity theft is in no way evidence or represents any ongoing duty to alert you of all the potential risks of utilizing the Services.

13.10. We do not guarantee the availability of the Services at all times, or ever. We shall have no responsibility or liability, whatsoever, in connection with the unavailability of any Service, however caused, including by any third party or “force majeure”. For the purpose of these Terms, “force majeure” means an event beyond the reasonable control of the Company, including without limitation, acts of God, acts of government, fire, flood or storm damage, earthquakes, labour disputes, war, and riot. You acknowledge that once a day, for a limited time, the Services will not be available for use due to the need to perform processing and other operations necessary for the ongoing functionality of the Services.

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14. TERM AND TERMINATION

14.1 These Terms shall remain in full force and effect while you use the Services. You may terminate these Terms at any time by cancelling your Account and ceasing to use the Services. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms.

14.2 You accept that the Company in its sole discretion, and for any or no reason, may terminate these Terms and suspend and/or terminate your account with or without notice, and we will not be liable to you or to any third party for any such suspension or termination. Where the Company has suspended/terminated your access to the Services due to any breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have under this Agreement, at law or in equity, including injunctive relief.

14.3 On termination of these Terms, you will no longer have access to the Services and information that you have posted to the Platform or in relation to your account (including any items), and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

14.4 The accrued rights, obligations and remedies of the parties are not affected by the termination of these Terms.

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15. INDEMNIFICATION

15.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, INCLUDING ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS AND ALL OF THEIR RESPECTIVE OFFICERS, AGENTS, SUB-CONTRACTORS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, MADE BY THIRD PARTY DUE TO OR ARISING OUT OF YOUR: (I) USE OF OR INABILITY TO USE ANY OF THE SERVICES, (II) VIOLATION OF THESE TERMS, (III) VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR (IV) VIOLATION OF ANY APPLICABLE LAWS, RESTRICTIONS, REGULATIONS AND RULES.

15.2 Notwithstanding anything otherwise provided, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, in which event you will fully cooperate with the Company in asserting any available defences in our discretion.

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16. NEGOTIATION AND ARBITRATION

16.1. In the event a dispute arises between the Company and a User, the latter undertakes to inform the Customer Service Department at the following address: [[email protected]] taking care to specify his contact details and to provide any information allowing to appreciate the origin and the implications of the dispute.

16.2 The parties shall first attempt to negotiate any dispute informally for at least thirty (30) from the date the notice is received from one party to the other party.

16.3 If the parties are unable to resolve their disputes through informal negotiation the courts of The British Virgin Islands will have the exclusive jurisdiction to resolve such disputes.

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17. APPLICABLE LAW

These Terms will be governed by the laws of the British Virgin Islands without regard to its conflict of law provisions.

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18. INVALID PROVISIONS

If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future law: (a) such provision will be fully severable, (b) these Terms will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and (c) the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance.

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19. MISCELLANEOUS

19.1. These Terms and any policies posted by us on the Platform constitute the entire agreement and understanding between you and us sets forth the entire agreement between the parties and supersedes any prior agreement or arrangements (whether oral or in writing) between the parties in connection with the Services.
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19.2 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
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19.3  This Agreement will insure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of the Company. The Company shall have the right to assign this Agreement and any of the rights granted herein, in whole or in part, to any person, firm, corporation or entity, without the consent of the user, and nothing contained herein shall imply anything to the contrary.
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19.4   There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services.
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19.5.   The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof, shall not apply.