Terms and Conditions

1. Introduction

The following terms and conditions constitute a valid and binding agreement (the “Agreement”) between you and Upboost SRL (RO40936994), located on Str. Stefan Lupsa 23, Romania, Bihor, Oradea, which govern the access and use of the Site by you (the “User”, “you” or “your”), as well as the services rendered through the Site (the “Services”), which may include those services relating to the Upblock (the “Upblock”).

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT:
(A) YOU HAVE REVIEWED THESE TERMS OF USE FOR A REASONABLE PERIOD, AND YOU FULLY UNDERSTAND THESE TERMS OF USE AS PROVIDED HEREIN.
AND
(B) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS HEREIN OR ANY SUBSEQUENT AMENDMENTS, CHANGES, OR UPDATES THERETO, PLEASE DO NOT ACCESS OR USE THE SERVICES OR OTHERWISE ACCESS OR USE THE SITE.
THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. THE COMPANY RESERVES THE RIGHT TO UPDATE THESE TERMS OF USE AT ANY TIME. THESE TERMS OF USE MAY BE AMENDED, CHANGED, OR UPDATED BY THE COMPANY AT ANY TIME WITHOUT PRIOR NOTICE. AFTER THE EFFECTIVE DATE OF ANY AMENDMENTS, CHANGES, OR UPDATES, IF YOU DO NOT AGREE TO ANY SUCH SUBSEQUENT AMENDMENTS, CHANGES, OR UPDATES, PLEASE CONTACT THE COMPANY VIA THE SITE SO THAT YOUR TERMINATION OF USE OF THE SERVICES CAN BE PROPERLY PROCESSED.

2. Account Registration and Security

2.1 Who can apply for a Upblock Account?
Upblock accepts individuals, limited liability companies, limited companies, public limited companies, and sole proprietorships. To apply for a Upblock account, if the applicant type is not an individual, the company must be represented by a person who is at least 18 years old.

3. Applying for a Upblock account

When you apply for a Upblock account, you consent and promise that you are authorised to enter into the agreement with us. We will ask you to provide us with certain information about you or/and the company, as well as any directors and beneficial owners of the company. Once we verify this information, you will be granted access to your Upblock account.
Please note that you need to inform us as soon as possible of any changes to your operations, such as changes in business activities, change of address, directors, authorised representatives, beneficial owners, status of the company or any other information relevant to your use of the Upblock account.
We won’t let you open or hold an account with us if you or the company carry out any sort of business or activity within the following areas (referred to as “prohibited businesses”):

- unregulated financial services (where licensing is required),
- pyramid or Ponzi scheme or multi-level marketing programs,
- hawala,
- unlicensed FX brokers,
- binary options,
- debt restructuring,
- credit repair,
- debt settlement,
- providing credit (unless approved by Upblock),
- debt collections (unless approved by Upblock),
- gambling,
- get rich-quick scheme,
- activities aimed at circumventing security controls (software, hardware),
- unregulated pharmaceuticals/food supplements (e.g. ‘nutraceuticals’),
- piracy or illegal streaming,
- counterfeit goods and violation of intellectual property,
- items that violate someone’s privacy,
- arms/dual use goods,
- human organs,
- unlicensed charities,
- shell companies,
- companies formed of bearer shares,
- remittances funded in cash,
- offshore bank transactions/shell banks,
- adult services connected to human trafficking; intermediation of prostitution; production, visual broadcasting of pornography or striptease clubs (this does not include literature, toys, DVDs, educational or scientific material or dating sites),
- fourth party payment and multi-layered MSB arrangements,
- transactions for goods subject to export prohibitions,
- transactions with living animals (exceptions possible with respect to horse riding, or dog classes),
- political /religious organisations engaged in hate speech, and
- sanctioned entities.
Upblock can, at our discretion, refuse to let you open or hold an account with us if you carry out any other business or activity that we are not comfortable with or your risk profile is or becomes outside of our risk appetite.

4. Access to your Upblock account

This agreement is binding on you, but you can authorise other people to access the Upblock account as follows:

You, as admin, remain responsible for all actions and activities undertaken by users as if they were carried out by yourself. It is your responsibility to withdraw access-rights granted to a user and to ensure that access-rights are not given to a person who is not permitted to have access to a Upblock account or related services.

5. Closing your Upblock account

You can close your account, and terminate this agreement, at any time by getting in touch with us at office@upblock.dev or through the Upblock platform. We will close your Upblock account when all pending transactions have been completed and any balance has been transferred out of the account.

We will hold back enough funds to cover any outstanding payments that you approved prior to the account closure. The process of clearing out pending transactions may take up to 30 days, after which we will be able to pay out your balance in full to an account designated by you, less any fees and charges payable to us, provided that no law, regulation, regulatory authority or court require us to withhold the balance for any reason. Please note that if your account has been temporarily restricted, we may not be able to close your account until we have completed any ongoing investigations concerning the account.

6. When we might block your access to your Upblock account

Account security is very important to Upblock. For that reason we may, on occasion, block access to your Upblock account in case we have reasonable suspicion that the security of your Upblock account has been compromised or we believe that it might be used without your permission or for fraudulent purposes.

We might also place a block on your Upblock account to meet our legal or regulatory obligations. In such cases, we will inform you as soon as possible via email.

7. When we might close your Upblock account

We may close your Upblock account without notice under exceptional circumstances if we reasonably suspect that:

- you are behaving fraudulently,
- you have given us false information at any time,
- there has been a change in the type of business activities carried out by the company,
- a material change in the ownership of the company or the person holding legal power to manage the business and you are no longer eligible for a Upblock account,
- the company has been declared bankrupt or insolvent, or is being wound up,
- we are obliged to do so under applicable laws, regulations, court order or instructions of a regulatory authority,
- you have breached these terms and conditions in a serious or persistent way,
- your use of your Upblock account could harm our reputation,
- you have opened an account to circumvent a decision made by us (such as suspension, restriction or other limitation of an already existing Upblock account), or
- you have been abusive to anyone at Upblock .

8. When we might refuse or delay a payment or refund

Under certain circumstances, Upblock may refuse or delay a payment. Specifically, if:

- we have suspended your Upblock account,
- a third party, such as Visa, Mastercard or Stripe prevents us from making the payment,
- we have asked for information reasonably needed by Upblock and you have not provided that information,
- we believe that the instruction you gave us doesn’t contain all the information we need in order to execute the payment correctly,
- we need to assess the payment due to legal compliance reasons, such as transaction monitoring,
- the amount of the payment is over or would take you over any limits applied to your Upblock account,
- the company has been declared bankrupt or insolvent, is being wound up, or a similar event is taking place,
- the payment would be in breach with these terms and conditions or any applicable legislation or otherwise prohibited (for example, in breach of international sanctions), or
- we reasonably believe that the transaction will harm our reputation.

9. Restrictions on the use of your Upblock account

You are not allowed to use your Upblock account for the following purposes:

- to abuse, exploit or circumvent restrictions imposed by a merchant with respect to its products or services,
- for the purpose of abusing, exploiting or circumventing controls or restrictions imposed by a merchant or platform,
- to create an excessive amount of requests to the Upblock api without a reasonable business purpose,
- to let someone who isn’t an admin or a user access the Upblock account, or
- to carry out any sort of business or activity that falls within the prohibited businesses or otherwise for illegal purposes.

10. How to make a complaint

If you have a complaint, please contact us at office@upblock.dev and we will make sure to set things right.

11. Intellectual property

Upblock's intellectual property, such as any content (e.g. text, photographs, designs, graphics) on the Upblock platform and website, our logo, designs, software and source code, are owned or controlled by us or our licensors. Intellectual property rights include copyright, trademarks, domain names, design rights, database rights, and patents.

These rights are exclusively reserved to Upblock and you must not use our intellectual property as your own. You are also prohibited from reverse engineering any of our products, namely reproducing them after a detailed examination of their construction or composition.

13. Limitation of liability

While Upblock will make any reasonable effort to ensure that there are no interruptions or faults to the services we provide, unfortunately, there is no guarantee that your Upblock account will always work smoothly. This is partly because we rely on some third party service providers in order for you to be able to use our services.

Upblock won’t be responsible for any direct or indirect loss of income or profit, loss of goodwill or damage to reputation, loss of business contracts or opportunities, loss of anticipated savings, or consequential loss.

In addition to the above, and to the extent such limitation is permitted by law, Upblock will not be responsible for any loss or cost you may incur as a result of:

- a legal or regulatory requirement, or any unusual or unexpected events outside our control,
- a third party fraudulent act, if you acted with gross negligence (for example, we will not be held liable for any losses you might incur in case someone contacts you posing to be employed at Upblock, asking you to disclose personal information, such as your login credentials and sms codes, or to initiate a payment transaction),
- any fees applied by third parties, such as banks, for using their facilities or services, or other charges that arise from an underlying transaction,
- any delays, disruptions, faults or inaccuracies relating to the Upblock account, and our services in general,
- you providing us with incorrect or incomplete information,
- a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure, or
- anything a third party does or fails to do.

Even though we will do our best to help you set things right, Upblock will not be responsible:

- for incorrectly executed incoming or outgoing transfers or payment transactions to or from your Upblock account,
- to refund your Upblock account in respect of any incorrectly executed incoming or outgoing transfers or payment transactions to or from your Upblock account or in respect of any transactions not executed at all,
- for tracking incoming or outgoing transfers or payment transactions into or out of your Upblock account that are executed incorrectly or not executed at all, and
- for fees, interest or costs occurring due to any incoming or outgoing transfers or payment transactions into or out of your Upblock account being executed incorrectly or not being executed at all.

If you are a micro-enterprise registered in the UK, this section 19 will apply to you to the extent permitted pursuant to applicable law.  

14. Your liability

If you fail to comply with this agreement, if any information or promise made by you turns out to be incorrect or if you use the Upblock account or related services in violation with applicable laws, you will be responsible for our damages, losses and other costs.

15. Use of your personal data

In order for Upblock to be able to offer you our services, we need to collect certain personal data about you. By accepting these terms and conditions, you consent to your personal data being collected, stored and processed by Upblock in accordance with all applicable regulations.
You can read our Privacy Policy for a detailed description of how Upblock uses your personal data.
If you are no longer happy for us to use your data, we will have to end our agreement and terminate your Upblock account. In that case, we will stop using your personal data for the purpose of providing our services, but we might need to retain certain personal data about you and the directors and any ultimate beneficial owners of the company for a limited period and use it where we have lawful grounds to do so (such as to meet our legal and regulatory obligations).

16. Changes to this agreement

We will make sure that you always have easy access to these terms and conditions and they will always be readily available on the Upblock website.
We constantly work to improve our services and it may require us to make changes to these terms and conditions. Unless the changes are clearly in your favour, we will give you 60 days’ notice before the changes take effect.
If you are not happy with any changes to these terms and conditions, you can contact us before the changes come into effect and we will close your Upblock account. Otherwise, we will assume that you consent to any changes of these terms and conditions.

17. Account Registration and Security

1. To access certain functions of the Site, you may be required to register a user account with the Site (the “Account”). During the registration process, you may be required to provide certain personal information including, but not limited to your name, telephone number, utility bills, e-mail address, date of birth, government identification number, information regarding your bank account, your financial circumstances, and/or other information, documents or materials as required by applicable laws or regulations, as may be required by the Company for evaluation or compliance purposes. The Site reserves the right to request from you further documents, materials and/or description before it will activate your Account.
2. The Site implements certain KYC verifications procedures during your access or use of the Site. You hereby authorize the Company to, directly or through third parties or its Affiliates, to make any inquiries we consider necessary to verify your identity and/or for legal compliance, anti-money laundering or fraud protection purposes. For the purposes herein, “Affiliates” means, with respect to any entity, any other entity that directly or indirectly controls or is controlled by, or under direct or indirect common control with, such entity, and for the purpose of this definition the term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
3. By activating the Account or accessing the Site, you agree to: (a) provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete; (b) maintain the security of your Account and personal information; (c) accept all risks arising out of inaccurate, outdated or incomplete information; (d) irrevocably grant the Company and its Affiliates to process your personal information, and other information in relation to your Account under all applicable laws, including but not limited to your instructions and records in trade(s) and information regarding your bank account; and (e) bear all legal and financial responsibility and liability for the activities or actions under your Account, including those who access your Account as a result of your action or omission .
4. The Site reserves the right, at its sole discretion, (a) to refuse your registration or activation of your Account; (b) to limit the number of user account that a single user may establish or maintain; (c) to suspend, restrict, or terminate your access to any or all of the Services and/or the Site if and when the Company suspects that you have violated this Agreement or if you engage in any inappropriate conduct or behavior; and (d) to deactivate or cancel your Account at our sole discretion if (i) any information provided during the application process, registration process or later is inaccurate, not current or incomplete; (ii) activities or actions under your Account is alleged to be violating this Agreement or other agreements between you and the Company or falling under Prohibited Use set forth in Section 6.4; (iii) a dispute has arisen between you and the Company that remains pending in a legal or judicial proceeding; or (iv) activities or actions under your Account is alleged to be infringing our anti-fraud, anti-money laundering and counter-terrorist policies or applicable laws and regulations.
5. If and when the Site elects to provide such Service, digital token wallet(s) for the Tokens may be provided to you (the “Digital Asset Wallet”) depending on your location and subject to the Site’s sole discretion.
6. You should be responsible for the security of your Account (which includes Digital Asset Wallet, if any), including, but not limited to maintaining adequate security and control of any and all IDs, passwords, API keys or any other codes that you use to access to or associate with the Services. When choosing your user ID and password, you are responsible to refrain from using easily identifiable, accessible or predictable information such as your birthday, telephone number or a recognizable part of your name or other similar details. You must not share your Account or their passwords with any other third party, knowingly or accidentally share, provide or make your Account or their passwords available to any other third party, or otherwise enable any other third party to access or decipher your Account or their passwords. In addition, you shall take necessary and reasonable measures to and due care in keeping your Account or their passwords confidential and preventing your Account or their passwords from being used by any other third party. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any Tokens held in your Account and any associated accounts. Since you are the owner of your Account and their passwords, and you are responsible for taking necessary and reasonable measures to keep your Account and their passwords confidential, you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. If you believe your Account or their passwords may have been disclosed to a third party, is lost or stolen or unauthorized transactions may have been conducted, you are responsible for notifying the Company immediately.

18. Personal Information

During the registration process with the Site and the subsequent activation of the Account, you will be required to provide certain personal information, including, but not limited to your name, telephone number, telephone bills, e-mail address, date of birth, social security number/government identification number, information regarding your bank account, and your financial circumstances and establish your user account and password. The Company values your privacy. Please review our privacy policy at (“Privacy Policy”) to learn more about how we collect, process, and use your information.

19. Anti-Fraud, Anti-Money Laundering and Counter-Terrorist

The Company and its Affiliates intend to implement certain Anti-Fraud, Anti-Money Laundering and Counter-Terrorist policies and procedures (“Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies”). Accordingly, the Company and its Affiliates insist on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of suspicious transactions and mandatory or voluntary reporting to regulators. The Company needs to keep certain information and documentation on file pursuant to applicable laws, applicable policies and to fulfill contractual obligations to third parties, and the Company hereby expressly reserves the right to keep such information and documentation and to disclose such information and documentation to the banks, other service providers, virtual asset service providers or government authorities. This will apply even when you terminate your relationship with the Company, and vice versa, or abandon your application to have an account with the Company.

20. Risk Statement

By using the Services, you agree that you are fully aware of the related risks and considerations and waive any and all claims against the Company and its Affiliates for all losses or damages that may arise from your purchase or sale of the Tokens.

21. Ownership, Grant, Restrictions On Grant

You acknowledge and agree that the Company hereby grants you a limited, non-transferable and non-exclusive license, subject to this Agreement, to access and use the Site, solely for your personal and non-commercial purposes and that the Company retains ownership of all right, title and interest to the Site and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks and trade secret rights) subject to the license granted. You acknowledge and agree that, the Company may, based on factors such as operating cost, marketplace, and the security of transaction, set and adjust the minimum amount and maximum amount for use of any or all parts of the Site.
2. The Site and any information provided during the course of the Services may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. You should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. You acknowledge and agree that the Company is not responsible for any information, content, or services contained in any third-party materials or on any third-party sites.
3. Except as otherwise specifically permitted under this Agreement, you may not:
(a)copy, imitate, develop or reproduce the Services, the Site, or any contents thereof, including without limitation the model, design, interface, appearance and layout;
(b)create any derivative works of any Services, the Site, or the contents thereof, including without limitation the model, design, interface, appearance and layout;
(c)reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of the Site;
(d)disseminate malicious software, programs, virus, worm or in other manner that destroys or crash the Site;
(e)distribute, transfer, sell, rent, lease, sublicense, or grant your Account to any other third party;
(f)copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the contents of the Site, in whole or in part;
(g)remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Site;
(h)use, access or tamper with non-public areas of the Site, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
(i)probe, scan, or test the vulnerability of any the Company system or network or breach or circumvent any security or authentication measures;
(j)access or search the Site or download contents from the Site by any means (automated or otherwise) other than through the currently available interfaces that are provided by the Company (and only pursuant to those terms and conditions) or other generally available third-party web browsers;
(k)forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
(l)avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Site or contents thereof;
or
(m)interfere with or disrupt (or attempt to do so) the operation of the Site, the access of any user, host or network by any means or interfere with or create an undue burden on the Services.
4. In connection with your use of the Site, you agree and represent you will not engage in any action or activity as set forth in Article 6.3 and Article 7.1 herein (collectively “Prohibited Use”). The Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
5. The Company reserves the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately if the Company determines, in our sole discretion, that your user account is associated with any Prohibited Use or is on suspicion of violation of this Agreement or any Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies. Suspension, cancellation, or termination of your Account shall not affect the payment of fees or other amounts you owe to the Company. In the event that your Account is suspended, cancelled, or terminated, we reserve the right to immediately block all withdrawals and all further access to your Account.

22. Member Conduct

1. You agree not to use the Services to:
(a)disobey, violate or ignore any code of conducts, requirements, procedures, policies or regulations of the Site to the extent applicable to you;
(b)intentionally or unintentionally violate or encourage any conduct that would violate any applicable local, state, national or international law;
(c)promote, encourage or engage in terrorism violence or financial contribution to terrorist;
(d)stalk or otherwise harass other users of the Site;
(e)collect or store personal data about other users of the Site without their prior express consent or permission;
or
(f)encourage, enable or assist any other third party to do any of the foregoing.

2. You acknowledge, consent and agree that the Company may access, preserve or disclose your Account information and contents of Site if required to do so by applicable laws or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce or administer this Agreement or other agreements between you and the Company, including investigation into any potential violation of this Agreement or association with any Prohibited Use;
(c) comply with the formal or informal request from law enforcement, tax authority or other government body or government policy;
(d) respond to your requests for customer service;
(e) detect, prevent, or otherwise address fraud, security or technical issues;
or
(f) protect the rights, property or personal safety of the Company, the users of the Site and the public.

23. Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Site, and to withhold, collect, report, pay, declare and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Account. The Company will surrender your personal information and/or your transaction history in response to tax authorities if such information is requested or required by tax authorities.

24. Representation and warranties

By accessing the Site or any Token, whether directly or indirectly, you undertake to accept all the representations and warranties specified in the Whitepaper on this Site.

25. Disclaimer

1. The Site, and the content and Services provided hereunder may contain certain issues that have not been identified. The Site, and the content and Services are provided on an “as is” basis. You are advised to use the the Site, and the content and Services with caution, to make the necessary verifications and use your own judgment, and not to rely in any way on the Site, and the content and accompanying instructions or materials. The Company makes no warranty that the Company will continue to offer or make available the Site, including without limitation any particular function for any particular length of time and the Company reserves the right to change and update the the Site, and the content and Services without notice to you. The Company makes no warranties of any kind in connection with the Services, the Site, and the content, or modifications or improvements thereto. The Company specifically disclaims all implied warranties.

2. No advice or information, whether oral or written, obtained from the Company or through the Services, the Site or the content, will create any warranty not expressly made herein. You are solely responsible for all of your trading or holding of the Tokens.

3. The foregoing disclaimers shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Site and the Services.

26. Limitation of Liability

1. You acknowledge and agree that, to the maximum extent permitted by law, even if the Company has been advised of the possibility of such damages or loss, the Company, their respective subsidiaries and Affiliates, and each of their respective officers, directors, employees, agents, representatives and attorneys, or any other company or individual involved in creating, producing, or delivering the Services, the Site, or contents thereof (“The Company and Affiliated Parties”) shall only be liable for
(a) the direct damages caused arising out of third party tampering with your Account by unauthorized access due to avoidable it system deficiencies of the Company,
or
(b) other than the aforementioned circumstances, the direct damages caused by gross negligence or intentional misconduct of the Company while providing the Services and the Site.

2. You acknowledge and agree that, to the maximum extent permitted by law, “Direct Damages” mentioned in this Agreement refer to the lost property itself, and shall not include any lost profits or any lost business opportunity, any special, incidental, indirect, intangible, exemplary, consequential or punitive damages, whether based in contract, tort, negligence, strict liability, or otherwise.

3. You acknowledge and agree that, in no event shall The Company and Affiliated Parties be liable for (i) any damage or loss that is not reasonably foreseeable and/or that is not attributable to the Company; or (ii) any damage or loss caused by hardware or software system of the Company.

27. Release of the Company, Indemnification

You agree to defend, indemnify, and hold The Company and Affiliated Parties, and each of their respective officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
(a) your violation of laws and regulations, this Agreement or the policies or agreements which are incorporated herein, including without limitation to the Privacy Policy;
(b) your dispute with any other users of the Company or the Site;
and/or
(c) your violation of any third-party right, including without limitation any intellectual property, confidential information or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of this Agreement or your use of the Services.

28. General Provisions

1. Modifications. The Company reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and the Services or to modify this Agreement, at any time and without prior notice. If the Company modifies this Agreement, the Company will post the latest revised version at the Site, or in other ways that the Company deems appropriate. By continuing to access or use the Site or the Services after the Company has posted a modification on the Site or have provided you with electronic notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Agreement. You may also be asked to re-acknowledge and re-accept the Agreement following any material changes. If the modified Agreement is not acceptable to you, you must cease using the Site immediately.

2. No Advice. The Company does not provide any investment, financial, tax, or legal advice, or advice on trading techniques, models, algorithms, or any other schemes.

3. Entire Agreement. This Terms of Use constitutes the entire understanding between you and the Company and governs your use of the Site and any prior or contemporaneous representations, either oral or written are hereby superseded.

4. Assignment. Except as otherwise stated herein, you may not assign or transfer all or any part of your rights under this Agreement, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. The Company may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

5. No Waiver. No failure or delay of the Company to require performance by you of any provision of this Agreement shall in any way adversely affect the Company’s right to require full performance of such provision after that. No waiver by the Company of a breach of any provision of this Agreement shall be considered to be a waiver by the Company of any succeeding breach of such provision.

6. Severability. If any provision or any portion of this Agreement shall be held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

7. Change of Control. In the event that the Company is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

8. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, the Account cancellation, debts owed to the Company, general use of the Services, and general provisions, shall survive the termination or expiration of this Agreement.

9. Force Majeure. The Company shall not be liable for delays, failure in performance or interruption of the Services, the Site, or contents thereof which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, epidemic, pandemic, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, DOS (denial-of-services) attacks, rapid fluctuation of price of the Tokens, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. Without limiting the generality of the foregoing, the Company shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.

10. Language. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English. In case of any discrepancy, the English version shall prevail.