User Agreement
1. GENERAL
1.1 GENERAL
This User Agreement (“Agreement”) sets forth the terms, conditions, and rights governing your access to and use of the user interface (“Interface”) made available on this website. The Interface is accessible at [ADEN] (“Website”) and is provided by [ADEN] (“Company”, “we”, “us”, or “our”).
Please read this Agreement carefully, as the terms of this Agreement govern your use of the Interface and your access to the Website. By connecting your wallet to the Interface, accessing, using, or clicking “I agree” to accept any function of the Interface, you shall be deemed to have read, understood, and irrevocably accepted this Agreement and to be legally bound by all the terms and conditions set out herein. In addition, when you use certain features of the Interface, you will also be subject to any additional terms and conditions applicable to those features, if any.
We reserve the right to amend or modify this Agreement from time to time in our sole discretion without notice to you. Any amendments or modifications will be deemed effective immediately upon posting on the Website. Your continued use of the Website and/or any function of the Interface shall be deemed as acceptance of such amendments or modifications. If you do not agree with any such amendments or modifications, you must discontinue using or accessing our Interface.
1.2 DISCLAIMER
(a) The Interface serves solely as a technological tool enabling users to interact with decentralized protocols, smart contracts, or other thirdparty infrastructures. The Company merely provides the Interface and does not participate in any of your Transactions. Accordingly, you shall, at your sole and absolute discretion, carefully assess the authenticity, legality, and validity of any relevant Digital Assets and/or information, and you shall bear all responsibilities and losses that may arise therefrom.
(b) You understand that the Website/Interface is not registered or licensed by any regulatory agency or authority. No such agency or authority has reviewed or approved the use of the Website.
(c) We do not provide any material or information on our Website which shall constitute or to be construed as a recommendation, offer, invitation, endorsement or solicitation to enter into any transaction or otherwise deal with Digital Assets or products.
(d) You further understand that we are not your broker, agent, intermediary or advisor concerning the nature, value, potential or suitability of any particular Digital Assets, transaction or investment strategy. We do not provide consulting, tax, legal, insurance or investment advice of any kind and therefore no information that are available on the Website should be construed as advice of any kind. You alone are solely responsible to determine whether any investment, strategy, product or function, is appropriate and suitable for you according to your financial circumstances, personal investment objectives and risk tolerance. We are not responsible for the decisions you make in any Transactions based on the information on the Website, including any losses you incur arising from those decisions.
(e) For purposes of this Agreement, the Company’s role is strictly limited to providing a non-custodial, technical user interface that enables users to interact directly with decentralized protocols and smart contracts. In the event of any ambiguity or dispute regarding the interpretation of this Agreement, such interpretation shall be made consistently with the Company’s limited role as an interface provider only.
(f) Nothing in this Agreement shall be construed as creating, and the Company does not assume, any obligation to operate a trading venue, exchange, derivatives market, order book, matching engine, clearing house, settlement system, broker, dealer, or counterparty.
(g) Nothing in this Agreement or your use of the Website or Interface creates or shall be deemed to create any fiduciary duty, advisory relationship, agency, partnership, joint venture, or trust relationship between you and the Company.
1.3 You acknowledge, understand and agree that:
(a) All opinions, information, discussions, analyses, prices, advice and other information on our Website are general market reviews and do not constitute any investment, financial, taxation or any other form of professional advice. We do not bear any loss howsoever arising directly or indirectly from or in connection with the abovementioned information, including but not limited to, any loss of profits.
(b) We reserve the right to determine, amend or modify any contents of the Website at any time at our sole discretion. We have used reasonable efforts to ensure the accuracy of the information on the Website, however, we do not and cannot guarantee the degree of accuracy of the information or bear any loss arising directly or indirectly from or in connection with the information on the Website or from any delay or failure caused by failure to link up with the internet or transmit.
(c) Using internetbased trading systems also involves risks, including but not limited to failures in software, hardware, the proper functioning of blockchain networks, the completion of blockchain validation mechanisms, or internet connectivity. As we cannot ensure the reliability or availability of any blockchain or network, we shall not be responsible for any distortion, delay, or connection failure.
1.4 You agree that you and any Represented Person will not (Prohibited Uses):
(a) engage in any illegal, unlawful, or illegitimate transactions or activities, including but not limited to money laundering, terrorism financing, proliferation financing, smuggling, commercial bribery, or any transactions prohibited under applicable sanctions laws or regulations;
(b) engage in, undertake, conduct, or be involved in any activities that have, or may potentially have, an adverse impact on market integrity, our reputation, the proper functioning of the Interface, or the legitimate rights of other users, including but not limited to: (i) market manipulation activities (such as spoofing, layering, wash trading, prearranged transactions, fictitious transactions, cornering, violations of bids or offers, or any trading intended to create artificial prices or volumes);(ii) fraudulent or deceptive schemes, including frontrunning, accommodation trading, or any activity intended to defraud, mislead, or deceive;(iii) entering transactions designed to generate profits for one party and losses for another without any net change in open positions (“money pass”);
(c) violate, attempt to violate, or facilitate the violation of any Applicable Laws, including antimoney laundering, antiterrorist financing, tax, consumer protection, data protection, or financial crime regulations;
(d) violate our or any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, or any other proprietary or intellectual property rights, including unauthorized use of our name, logo, trademarks, service marks, or any action implying false endorsement or affiliation;
(e) use the Website and Interface in any manner that interferes with, disrupts, negatively affects, or inhibits other users from fully enjoying the Website and Interface, or that damages, disables, overburdens, or impairs the functioning of the Website, the Interface, or any related systems;
(f) circumvent, bypass, evade, or attempt to circumvent any restrictions, security measures, contentfiltering techniques, or access controls implemented by us, including through VPNs, proxies, or misrepresenting your residency, citizenship, or compliance status;
(g) use any robot, spider, crawler, scraper, bot, script, automated tool, or other nonauthorized interface to access the Website/Interface, extract data, or introduce malware, viruses, worms, trojans, logic bombs, backdoors, shutdown mechanisms, or any harmful code;
(h) provide false, inaccurate, or misleading information in connection with your use of the Website/Interface, or engage in any activity intended to defraud us, other users, or any third party, including impersonating any person or entity;
(i) use or access the Website/Interface to transmit, exchange, or otherwise deal with Digital Assets that are the direct or indirect proceeds of criminal or fraudulent activity, including tax evasion or terrorism financing;
(j) use the Website/Interface in any manner that is, in our sole discretion, defamatory, obscene, pornographic, indecent, lewd, vulgar, harassing, hateful, threatening, discriminatory, abusive, inflammatory, deceptive, or otherwise objectionable, or that may incite or promote hate, violence, or unlawful conduct;
(k) use the Website/Interface from any jurisdiction (including via an IP address) that we determine, in our sole discretion, to be a prohibited jurisdiction, including any Blocked Countries or Restricted Territories;
(l) harass, abuse, threaten, or harm any person, including our employees, contractors, or service providers;
(m) engage in, attempt to engage in, or encourage, induce, or assist any third party to engage in any of the activities prohibited under this Section 1.4 or any other provision of this Agreement.
1.5 When you connect to the Website/Interface through your wallet, you agree to maintain the security and confidentiality of your login credentials and to restrict others from accessing your Account and your computer, tablet, or mobile device. You shall bear full legal responsibility for all activities that occur on the Website/Interface under your Account, and you assume all risks arising from your use of the Website/Interface.
2. ELIGIBILITY
2.1 By accessing the Website or using our Interface, you represent and warrant that: (i) if you are a natural person, you are at least 18 years old and have full power, authority and capacity to enter into, deliver and perform obligations under contracts, including but not limited to the Agreement; (ii) if you are a legal entity, such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of the entity, and you are duly authorized to act on behalf of and bind such legal entity. (iii) Regardless of whether you are a natural person or a legal entity, you are fully responsible for all activities that occur under your Account.
2.2 Further, you represent and warrant that:
(a) you are not on and you will not transact with anyone on any trade or economic sanctions lists, including but not limited to the Specially Designated Nationals And Blocked Persons List (“SDN List”) and United Nations Security Council Sanctions List;
(b) you are not restricted or prohibited from engaging in any type of trading by the European Union, Securities and Futures Commission of Hong Kong, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, Office of Foreign Asset Control as well as any other administrative law enforcement agencies or authorities in other jurisdictions.
(c) you are solely responsible for determining whether your access to and use of the Interface complies with applicable laws and regulations in your jurisdiction, including, but not limited to, laws governing leveraged or derivative trading. By using the Interface, you expressly represent and warrant that your activities are lawful under such applicable laws.
(d) leveraged, perpetual, or derivative transactions may be restricted, regulated, or prohibited under the laws of certain jurisdictions. The Company does not assess, monitor, or determine the legality of such transactions for you and makes no representation that access to the Interface or interaction with any protocol is lawful in your jurisdiction.
2.3 It is your responsibility to ensure that your access to the Website and use of the Interface is in accordance with Applicable Laws. You acknowledge that we reserve the right to make all or only part of the Website/Interface available in certain markets and jurisdictions only, in our sole absolute discretion and in accordance with Applicable Laws. We may restrict or prohibit use of all or a portion of the Website/Interface from certain jurisdictions, that we determinate, in our sole and absolute discretion, not appropriate or suitable for us to provide all or a portion of the Website/Interface; or where the local laws do not permit us to provide all or a portion of the Website/Interface from and/or to that jurisdiction, (together, “Restricted Locations”).
2.4 The Restricted Locations include but are not limited to the United States of America, Canada and so on. Please note that we may place certain restrictions or terminate specific Website/Interface to users in some jurisdictions from time to time for the purposes hereof. We may in our absolute discretion update the list of the Restricted Locations from time to time without any notice to you. It is your responsibility to frequently check the Website to familiarize yourself with the list of the Restricted Locations and immediately cease accessing our Website and use of our Interface should you be located in any of the Restricted Locations.
2.5 The content of this Agreement shall not be excluded from the Applicable Laws of the country or region under which the user belongs. As a result, if you do not meet these eligibility requirements, please immediately stop accessing our Website and do not use our Interface.
2.6 You are responsible for obtaining the data network access necessary to use the Website/Interface. You are responsible for acquiring and updating compatible devices necessary to access and use the Website/Interface. We do not guarantee that the Website/Interface, or any portion thereof, will function on any particular device. You acknowledge Website/Interface may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
3. Business Model and Interface Functionality Description
3.1 Business Model: The Interface serves solely as a technological tool enabling users to interact with decentralized protocols, smart contracts, or other thirdparty infrastructures. The Company does not hold, control, manage, or operate any onchain protocol, liquidity pool, matching engine, clearing mechanism, or custodial service. In addition, the Interface currently supports interactions with smart contracts deployed on multiple major public blockchains, including but not limited to Solana, Ethereum, and BNB Smart Chain (BSC). This multichain support enables users to initiate and interact with smart contract functions across these networks directly through the Interface. The Company does not operate, control, or guarantee the performance, security, availability, or reliability of any supported blockchain network, nor does it have the ability to modify or interfere with any onchain activity. The Company’s business model includes, without limitation:
(a) Provision of a Technical Interface:
The Interface provides technical functionalities such as information display, transaction instruction routing, and access points for on‑chain interactions. The Company does not participate in transaction matching, execution, settlement, or asset management.
(b) Non‑custodial Architecture:
All digital assets remain under the user’s control. The Company does not custody, hold, access, or manage any user assets or private keys.
(c) Protocol Interaction Enablement:
The Interface merely facilitates user‑initiated interactions with third‑party protocols. All transactions are executed directly on the relevant blockchain networks and not by the Company.
3.2 Interface Functionalities: Consistent with the description of our business model, the Company does not own, control, or operate Aden.io, nor does it have the ability to modify or interfere with its functionality, security, or availability. All transactions conducted on Aden.io are executed by a decentralized set of validators. The Company solely provides the Interface, which is not the exclusive means of accessing Aden.io. The functionalities of the Interface are described as follows:
(a) Display of Protocol‑Related Information:
Including market data, asset balances, transaction history, and other information retrieved from blockchain networks or third‑party sources.
(b) Transaction Instruction Tools:
Allowing users to create, sign, and broadcast (submit) on‑chain transactions through their self‑custodied wallets.
(c) User Configuration and Settings:
Including language preferences, interface layout, and other non‑custodial user settings.
(d) Access to Third‑Party Integrations:
The Interface may provide links or access points to third‑party tools, analytics, or services. The Company does not endorse, control, or assume responsibility for such third‑party offerings.
(e) Not an exchange or trading venue:
For the avoidance of doubt, the Company does not operate, control, manage, or provide a trading venue, exchange, derivatives market, multilateral trading facility, order book, matching engine, clearing service, or settlement mechanism. All such functions, if any, are performed exclusively by decentralized protocols and smart contracts independent of the Company.
(f) User-directed transactions:
All transactions initiated through the Interface are user-directed. The Company does not exercise discretion over transaction parameters, order execution, prioritization, liquidation, margin requirements, or pricing. The Company has no ability to modify, reorder, delay, censor, or prevent any transaction once submitted to the relevant blockchain network.
4.Promotional Activities and User Content License
4.1 The Company may, from time to time and in its sole discretion, make available to users certain promotional activities, special offers, challenges, bonuses, or other marketing programs (collectively, “Programs”). The terms and conditions applicable to any such Program shall be determined by the Company in its sole discretion and will be separately announced on the Website, including eligibility requirements and participation criteria. Because the terms and conditions of any Program may differ from or supplement this Agreement, you should carefully review any additional terms before participating in any Program. In the event of any conflict between the terms of a Program and this Agreement, the Program terms shall govern solely with respect to that Program. The Company reserves the right to modify, suspend, or terminate any Program at any time without notice or liability to participants. Participation in any Program is entirely voluntary, and the Company makes no guarantee regarding the availability, rewards, or functionality of any Program.
4.2 You hereby grant the Company a royaltyfree, fully paidup, sublicensable (including through multiple tiers), transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish, and distribute, in any form, medium, or manner, any content that becomes available to other users as a result of your use of the Website or your participation in any Program (“Your Content”), including for the purpose of promoting the Website or the Interface. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the rights and licenses set forth herein; and (ii) Your Content, and the Company’s use of Your Content as licensed herein, does not and will not violate, misappropriate, or infringe any thirdparty rights.
5. OUR RIGHTS AND OBLIGATIONS
5.1 We may restrict, suspend or terminate your Account, use of the Website/Interface at any time if we in our sole discretion, suspect, notice and determine that you have violated this Agreement or any Applicable Laws in your jurisdiction or that the provision or your use of the Website/Interface in your jurisdiction is unlawful.
5.2 Should you (whether directly by yourself or indirectly via your request to us) upload, post, publish, or transmit any information on or via our Website, or you communicate with any other users of our Website, you agree to be fully responsible for all such posts and communications. Accordingly, you undertake to only use the Website in a legal and considerate manner, not to misuse or abuse the Website or its other users, including but not limited to not causing any defamation, harassment, sedition, collecting data of other users for your own purposes, and introducing viruses, trojans or hacks. In the event that you misuse or abuse the Website, we shall be fully entitled to suspend or terminate your Account, and/or remove your information from our Website without any prior notice or liability to you. Nonetheless, you agree that we shall not be howsoever liable for any posts or communications by third parties that offend you, although we will sincerely look into any complaints in relation to such posts or communications that you communicate to us in writing.
5.3 We may take any actions which we deem necessary and reasonable in our sole discretion including but not limited to suspending, restricting, or terminating your access to any or all of the Website/Interface, deactivating or cancelling your Account with immediate effect if we in our reasonable opinion believe it necessary for us to do so to fulfil our legal obligations, protect our reputation, promote the fairness and integrity of the market and enforce our rights.
5.4 The Website and Interface do not impose any fees; however, fees may be incurred on ADEN.io when you interact with it through the Interface. You acknowledge and agree that you are solely responsible for paying all such fees, and that you understand and accept that the cost and speed of transacting with blockchain-based systems is variable and may increase at any time.
6. RISK DISCLOSURE STATEMENT
6.1 Trading Digital Assets can be extremely risky. The markets in relation to Digital Assets trading are extremely volatile and can shift quickly. The blockchain networks may go offline due to attack, bugs, hard forks, or other unforeseeable reasons. We may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause service interruptions. You are solely responsible and liable for any and all trading and non-trading activity for your Account on the Website and fully responsible for safeguarding access to your account and any information provided through the Website.
6.2 You do your own appraisal and investigations and accept the risk of trading Digital Assets. By accessing our Website and use of our Interface, you represent that you are solely responsible for your own appraisal and investigation into the risks of the Transaction and the underlying Digital Assets. You represent that you have sufficient knowledge and experience to make your own evaluation of the merits and risks. Listing of a Digital Asset on the Website does not indicate our approval or disapproval of the underlying technology in relation to that Digital Asset, and should not be used as a substitute for your own understanding of the risks associated with each Digital Assets. We give you no warranty as to the suitability of the Digital Assets and assume or owe no fiduciary duty in our relations with you.
6.3 You accept all risks associated with or in connection with a transfer of your Digital Asset to an address. Digital Asset transactions are irreversible. Once you send Digital Assets to an address, you accept the risk that you may lose access to your Digital Asset immediately and indefinitely. You are solely responsible for the verification of the address to which you send your Digital Assets.
6.4 You acknowledge and agree that all transactions executed through smart contracts are final and irreversible. Once a transaction is broadcast to the relevant blockchain network, the Company has no technical or legal ability to reverse, cancel, amend, recover, or otherwise intervene in any transaction, Digital Asset transfer, margin position, liquidation, or settlement.
6.5 You acknowledge that pricing data, indices, reference rates, and other valuation mechanisms used by any protocol accessible through the Interface may be derived from third-party sources, decentralized oracles, or on-chain mechanisms not controlled or operated by the Company. The Company does not guarantee the accuracy, completeness, availability, or timeliness of any such data, and any reliance on such data, including for margin calculations or liquidations, is entirely at your own risk.
6.6 We do not advise on trading risk. You must seek your own advice from a financial advisor or other professional advisor and shall bear full responsibility for the risks involved in trading of Digital Assets on our Website. Under no circumstances shall any information, charts, pictures, contents of any kind and documents shown on the Website or provided by us constitute investment advice or professional advice of any kind.
6.7 We may delist a trading item or category at any time in our sole discretion.
7.ACCOUNT SUSPENSION AND TERMINATION
7.1 You should use Website/Interface in accordance with this Agreement and related rules on a voluntary, fair, and honest basis. You should not use the Website or our Interface to infringe the legitimate rights and interests of others or make improper profits or disturb the normal order of online trading.
7.2 Though we strive to maintain the site to provide you sustainable, safe, stable and smooth services, there is no guarantee that the Website/Interface will be no delays, failures, errors, omissions or loss of transmitted information.
7.3 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Website/Interface.
7.4 If you disagree to any of the amended terms of the Agreement or are unsatisfied with our Website/Interface, you have the right to stop accessing the Website or using the Interface.
7.5 We may suspend, restrict, or terminate your access to any or all of the Website/Interface, and/or deactivate or cancel your Account with immediate effect in the event that:
(a) we are, in our reasonable opinion, required to do so by Applicable Law or any court or other authority to which we are subject in any jurisdiction;
(b) we reasonably suspect you are acting in breach of this Agreement or any other policies as displayed on our Website from time to time;
(c) we have concerns that a Transaction is erroneous or about the security of your Account or we suspect that the Website/Interface are being used in a fraudulent or unauthorized manner;
(d) we suspect money laundering, terrorist financing, fraud, or any other financial crime;
(e) use of your Account 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 Account activity; and/or
(f) we reasonably believe that we need to do so in order to protect our reputation and/or comply with any requests, orders or judgment issued by a court or government authority or competent authority.
7.6 We may, without providing any reason and without any prior notice, suspend, restrict, or terminate your access to all or any part of the Website/Interface and/or deactivate or cancel your Account at any time. You agree and acknowledge that our decision to take any such action may be based on confidential criteria that are essential to our riskmanagement and security protocols. You further acknowledge and agree that we are under no obligation to disclose the details of our riskmanagement or security procedures to you.
8. LIMITATION OF LIABILITY & WAIVER
8.1 We will not be responsible for any damages arising from the unavailability or malfunction of our Website or Interface, or for any loss to your property, when such unavailability, malfunction, delay, or failure to perform as required under this Agreement is caused by fires, strikes, floods, power outages or electrical failures, acts of God or hostile acts (including hacking), lawful acts of public authorities, any and all market movements, fluctuations or volatility, computer, server, or internet malfunctions, security breaches or cyberattacks, criminal acts, delays or defaults by common carriers, acts or omissions of third parties, or any other delays, defaults, failures, or interruptions that cannot reasonably be foreseen (“Force Majeure”).
8.2 We do not guarantee that the information on the Website and Interface fully satisfies your needs and we shall not be responsible or liable for any error, insult, slanders, inaction that you may encounter or experience during using the Website/Interface. You should always seek your own professional advice based on your own circumstances before using any of our Website/Interface.
8.3 Given the nature and specialty of blockchain, internet and cyber environment, we cannot guarantee our Website/Interface will not be interrupted and do not guarantee the timeliness and safety of Website/Interface. These risks include, without limitation: (a) defects, malfunctions, vulnerabilities, exploits, or other failures in code; (b) network latency, outages, forks, or unforeseen results arising from decentralized governance processes or protocol modifications; (c) extreme price volatility, insufficient liquidity, or the potential for complete loss of digital assets, particularly in connection with leveraged or perpetual futures trading; (d) market manipulation, slippage, pricing anomalies, or other market inefficiencies; (e) liquidation risks triggered by leverage usage or adverse market conditions; (f) unauthorized access, fraud, phishing attempts, or other malicious activities conducted by third parties; and (g) failures or disruptions affecting Solana, Ethereum, and BNB Smart Chain (BSC) or any related infrastructure, including but not limited to crosschain bridges.
8.4 We will not be responsible for the modification, deletion or storage of information posted by you. We will also not be liable for any typographical error or negligence not intended by us. You should use your own judgment to distinguish the true from the false to avoid risks.
8.5 We are entitled but not obliged to correct or update unintentional omission or error.
8.6 Unless expressly agreed in written form, we do not guarantee the accuracy, completeness, or reliability of information (including but not limited to advertisement) you may get from, via or by links to the Sites or in any other methods related to the Website. We will not be responsible for your purchase or obtaining of product, function, information or material due to such information. You shall take all the risks of using the information.
8.7 Comments or information posted by a user on the Website only stands for the opinion of the user who posts it, which should not be taken as our Agreement to or confirmation of the information or description. We will not be liable for the comment or information posted by users.
8.8 We reserve the right to delete information posted on the Website which violates Applicable Laws or this Agreement without notice.
8.9 You are responsible for determining whether or which Applicable Laws may apply to you, including any tax related law. You are solely responsible for reporting and paying any taxes arising from your use of our Website and Interface.
9. LIMITATION AND EXEMPTION OF LIABILITY
9.1 You understand and agree that under no circumstance will we be held liable for any of the following events:
(a) loss of income;
(b) loss of transaction profits or contractual losses;
(c) disruption of the business;
(d) loss of expected currency losses;
(e) loss of information;
(f) loss of opportunity;
(g) damage to goodwill or reputation;
(h) damage or loss of data;
(i) cost of purchasing alternative products or services; or
(j) any indirect, special or incidental loss or damage arising from any infringement (including negligence), breach of contract or any other cause, regardless of whether or not such loss or damage may reasonably be foreseen by us, and regardless of whether or not we are notified in advance of the possibility of such loss or damage.
9.2 You understand and agree that we shall not be held liable for any damages caused by any of the following events:
(a) Where we are reasonably justified in believing that your specific Transaction(s) may involve any serious violation or breach of Applicable Laws or this Agreement;
(b) Where we are reasonably justified in believing that your conduct on the Website is suspected of being illegal or immoral;
(c) The expenses and losses arising from the purchase or acquisition of any data, information or transactions through the function offered by the Website;
(d) Your misunderstanding of the Website and Interface offered by us; and/or
(e) Any other losses related to the Website and Interface which cannot be attributed to us.
9.3 Where the unavailability or malfunction of our Website or Interface is caused by fires, strikes, floods, power outages or electrical failures, information network equipment maintenance, information network connectivity failures, errors in computer, communications or other systems, adverse weather conditions, unexpected accidents, industrial actions, labor disputes, revolts, uprisings, riots, shortages of productivity or production materials, storms, explosions, wars, failures on the part of banks or other partners, collapse of the Digital Asset market, lawful actions by governmental, judicial or administrative authorities, hostile acts (including hacking), other circumstances that are not within our control or beyond our ability to control, or causes attributable to third parties, we shall not assume any responsibility for such unavailability, malfunction, failure or delay, nor for any loss to your property or any other loss you may sustain as a result thereof.
9.4 We cannot guarantee that all information, programs, texts, and other materials contained on our Website are completely safe or free from interference or destruction by malicious programs such as viruses or trojans. Accordingly, accessing the Website or Interface, downloading any programs, information, or data from the Website, and your use thereof are personal decisions made at your own discretion, and you shall bear any and all risks and losses that may arise therefrom.
9.5 We do not make any warranties and commitments in connection with any of the information, products and business of any third party websites linked to the Website, as well as any other forms of content that do not belong to us; your use any of the services, information, and products provided by a third party website is your personal decision and therefore you shall assume any and all the responsibilities arising therefrom.
9.6 The Website and Interface are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. We do not make any explicit or implicit warranties regarding your use of the Website or Interface, including but not limited to warranties of applicability, freedom from errors or omissions, consistency, accuracy, reliability, or fitness for a particular purpose. Furthermore, we do not make any commitment or guarantee regarding the validity, accuracy, correctness, reliability, quality, stability, integrity, or timeliness of the technology or information made available through the Interface provided by the Website. Whether you choose to access the Website or use the Interface is your personal decision, and you shall bear all risks and potential losses arising from such decision. We make no explicit or implicit warranties regarding the market, value, or price of Digital Assets. You understand and acknowledge that the Digital Asset market is unstable, that the price and value of Digital Assets may fluctuate or collapse at any time, and that Digital Asset transactions are based on your own free will and decision; therefore, you shall assume any and all risks and losses that may arise therefrom.
9.7 We do not waive any of the rights not mentioned in this Agreement and to the maximum extent permitted by Applicable Laws, to limit, exempt or offset our liability for damages.
9.8 Upon your registration of your Account with the Website, it shall be deemed that you approve any and all operations performed by us in accordance with the rules set forth in this Agreement, and any and all risks arising from such operations shall be assumed by you.
9.9 To the fullest extent permitted by the Applicable Laws and notwithstanding any other clauses in this Agreement, in no event will the liability of us and our Affiliates in aggregate exceed the amount of fees paid by you to the Company for use of the Interface during the three (3) months immediately preceding the event giving rise to the claim, or, if no such fees were paid, the minimum amount permitted by Applicable Law (with “fees” referring to the circumstances described in Clause 5.4).
10.INDEMNITY
10.1 To the fullest extent permitted by the Applicable Laws, you hereby undertake and agree to indemnify, hold harmless and promptly defend us and our Affiliates (including our and their respective agents (if any) and the shareholders, directors, officers and employees of our Affiliates) (each an “Indemnified Party”) from and against any and all losses arising from or in connection with any claims, suits, demands, allegations or investigations brought by any third party, and all claims, losses (direct, indirect and consequential), liabilities, damages (actual and consequential), penalties, fines, costs and expenses of whatever kind (including professional fees and reasonable attorney’s fees) which may be suffered or incurred by any of the Indemnified Party arising out of or in any way connected with:
(a) your (or any Represented Person) access to or use of the Website and Interface;
(b) your breach of this User Agreement, including any other terms and conditions incorporated by reference (if any);
(c) your violation of any Applicable Laws;
(d) your violation of the rights of any third party; or
(e) your failure to perform any of your obligations under this Agreement.
10.2 You agree to release us from any and all claims, arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Website (including any Transactions).
11. GOVERNING LAW
This User Agreement, your use of the Website/Interface and any claim or dispute of any kind whatsoever arising out of this Agreement, shall be governed by, and constructed in accordance with, the laws of the Republic of Panama without regard to the principles of conflicts of laws.
12. DISPUTE RESOLUTION
12.1 You acknowledge and agree that any dispute arising out of or in connection with this Agreement or any document or transaction in connection with this Agreement, including any dispute or claim relating to (a) the existence, validity or termination of this Agreement; and (b) any non-contractual obligations arising out of or in connection with this Agreement (“ Dispute ”) shall at first instance be referred to and resolved amicably through negotiation.
12.2 In the event that the Dispute fails to be resolved by negotiation within thirty (30) days from the initiation of such negotiations by issuance of a notice of Dispute, such Dispute shall be referred to and finally resolved by arbitration in Panama to the exclusion of the ordinary courts, in accordance with the Arbitration Rules of the International Chamber of Commerce for the time being in force which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Panama. The arbitration tribunal shall consist of one arbitrator. The language of the arbitration shall be in English.
12.3 You further agree that following the commencement of arbitration, you will attempt in good faith to resolve the Dispute through mediation. Any settlement reached in the course of the mediation shall be referred to the then-seated arbitral tribunal and may be made a consent award on agreed terms.
12.4 You further agree that all arbitration proceedings will be conducted solely on an individual basis. No Dispute may be brought as a class action or representative action, whether in arbitration or any other forum.
13. INTELLECTUAL PROPERTY
13.1 Unless otherwise indicated by us, all intellectual property rights relating to all the material used on the Website or any associated mobile applications, or provided in connection with the Website/Interface s including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to us. All intellectual proprietary rights are reserved.
13.2 We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, to use our intellectual property rights, excluding any trademarks, solely as necessary to allow you to access and use our Website/Interface and Website for non-commercial or personal use in accordance with this Agreement.
14. SEVERABILITY, LANGUAGE AND MISCELLANEOUS
14.1 The terms and conditions of this Agreement are severable. If any provisions of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of this Agreement shall be invalid, illegal or unenforceable under any such Applicable Laws in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of this Agreement, or the validity, legality or enforceability of such provision in any other jurisdiction.
14.2 This Agreement may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English version will prevail.
14.3 You may not assign or transfer any of your rights or obligations under this Agreement, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under this Agreement, in whole or in part, with or without notice or obtaining your consent or approval.
15.DEFINITIONS AND INTREPRETATION
15.1 In this Agreement, and unless otherwise specified:
(a) the words “include” or “including” shall mean include without limitation and including without limitation respectively;
(b) terms importing the singular include the plural and vice versa; and
(c) clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of this Agreement.
15.2 In this Agreement, these words shall have the following meanings:
(a) Applicable Law means all relevant and applicable local or national statute, regulation, notification, circular, ordinance, requirement, directive, guideline or announcement issued by an entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government that are applicable to the provision, receipt or use of the services, or any other product provided, used or received in connection with the services and this User Agreement.
(b) Account means a non-custodial, technical reference associated with a specific blockchain wallet address after you connect such wallet to the Website or Interface, which is used solely to display, organize, or reference transaction-related information. An Account does not involve the custody, holding, or control of any Digital Assets, private keys, or transaction execution by the Company.
(c) Affiliates means any person or entity that directly or indirectly controls, is controlled by, or is under common control with another person or entity, where “control” means the power to direct or cause the direction of management or policies, whether through ownership, voting rights, or otherwise.
(d) Digital Asset means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins and non-fungible tokens.
(e) Interface means the non-custodial, technical interface made available through the Website, the primary function of which is to allow users to access, select, and interact with features that enable user-initiated interactions with smart contracts.
(f) Prohibited Uses means any activities or uses of the Website or Interface that are prohibited under Section 1.4 of this Agreement.
(g) Restricted Locations means any jurisdictions from which access to or use of the Website or Interface is restricted or prohibited by the Company, in its sole and absolute discretion and in accordance with Applicable Laws, including any jurisdictions where the Company determines it is not appropriate or lawful to provide all or any portion of the Website or Interface.
(h) SDN List means the Specially Designated Nationals and Blocked Persons List administered by the U.S. Office of Foreign Assets Control (OFAC).
(i) Transaction means any user-initiated interaction involving the purchase, sale, transfer, or other disposition of Digital Assets, including interactions with smart contracts or transfers to or from a blockchain wallet address associated with your Account).
(j) Website means the website operated by the Company, which provides access to the Interface and enables users to interact with features and functionalities, including those implemented through smart contracts.
Last updated