VEERA TERMS & CONDITIONS

These Veera Terms and Conditions (“Terms of Use”, “Terms”) are entered into between Grayskull Pte. Ltd. (referred to as “we” and “our” and “us“) and you or the company or other legal entity that you represent (“you” or “your”)

. By accessing or using the Platform or any of its Services, you agree to comply with these Terms of Use. If you do not agree to these Terms, you must not access or use the Platform.

Additionally, the Platform is not intended for use by individuals or entities listed on any sanctions list maintained by the United States Office of Foreign Assets Control, the United Nations, or other applicable authorities. You are responsible for verifying that they do not fall under such restrictions before accessing the Platform.

We reserve the right to modify these Terms at any time. Such modifications will be effective immediately upon posting the updated Terms on our website. Continued use of the Platform or Services after any such changes constitutes your acceptance of the new Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

VEERA WALLET

The Veera Wallet

Veera Wallet is an designed to provide users with access and management of their virtual assets (including, but not limited to, cryptocurrencies, NFTs, tokens and other virtual assets) (Virtual Assets), which are stored on one or more blockchain networks (Blockchain). The Service also facilitates interaction with various third-party services, decentralised applications, and platforms.

As a non-custodial service, you retain complete responsibility for the security and management of your private keys, including, but not limited to, private keys, key shares and linked to your Blockchain addresses. The Veera Wallet is software designed to improve the user-friendly management of Virtual Assets associated with your Blockchain es. To use our Service, you must a compatible Blockchain address to the Service.

All transactions facilitated by the Service are executed and confirmed on the Blockchain. It is important to understand that your public Blockchain address could become visible to others when you conduct a transaction. We are not involved and will not be involved as a party in any transactions or disputes among transaction participants (unless we are a direct party to the transaction).

Wallet Address Creation

In order to access certain features of the Service, you may be required to create or import a within your Veera Wallet (“V”). The Veera Wallet Address is also a public Blockchain address and allows you to transact on the respective Blockchain. Your activity on or through the Services will be associated with your Veera Wallet Address. The Services may allow you to add additional information within the Veera Wallet, for the purposes of identifying each Veera Wallet Address, such as a nickname for your Veera Wallet Address.

Your Veera Wallet Address linked with your Blockchain address and display the various Virtual Assets owned by that Blockchain address. In order to create or import a Blockchain address to the Veera Wallet, you may be required to provide certain information, such as your private key, key shares or seed phrase. If you are unable to provide the required information, you may not be able to use the Service.

You acknowledge that we do not possess custody or control over the contents of your Blockchain address, including any Virtual Assets stored therein, nor do we have the capability to retrieve or transfer the contents of your Blockchain address. Additionally, it’s important to understand that we do not own or control the underlying Blockchain technology that facilitates these transactions and interactions.

This means that the responsibility for managing and securing your Blockchain address falls entirely upon you. .

Given the decentralised nature of Blockchain technology, it is essential to recognise that its operation and the interaction with your Blockchain address can vary significantly depending on the specific Blockchain involved. For instance, transaction times, security protocols, and even the types of transactions permissible can differ from one Blockchain to another.

As we do not control these variables, we cannot guarantee how seamlessly the Service will integrate with any particular Blockchain address. This lack of guarantee extends to performance issues, security breaches, or unexpected changes in Blockchain protocols that might affect transactions or the accessibility of your assets.

User Eligibility

Additional eligibility requirements may apply based on your location and the applicable laws. We reserve the right to refuse service, terminate accounts, or limit access to the Veera Wallet at our sole discretion.

User Obligations

You are solely responsible for the set up and use of your Veera Wallet. You must take all necessary steps to secure, protect, and back up the data related to your Veera Wallet in a way that will offer suitable and sufficient security and protection, which may include using encryption.

By using the Veera Wallet, you agree to provide accurate and up-to-date information and maintain the security of your account credentials. Providing false, inaccurate, outdated, or incomplete information can lead to the suspension or termination of your access to the Service. We also reserve the right to refuse any future use of the Service if we suspect the information that you provide to us is not truthful or complete.

It is your obligation to ensure that your use of the Veera Wallet complies with all applicable laws and regulations. You bear sole responsibility for your usage of the Veera Wallet and must not engage in illegal activities include but not limited to money laundering, fraud, or terrorism financing. Any use of the Veera Wallet for such purposes is strictly prohibited.

In certain situations, we may require additional information and documents from you. This information may include identity documents for KYC purposes or such other information for us to comply with requests from government authorities, as dictated by law or regulation, to provide a requested service, or to investigate potential violations of these Veera Wallet Terms. You acknowledge and agree that we may restrict or suspend your access to the Service until the necessary information and documents are processed and approved by us. Failure to provide comprehensive and precise information in response to such a request may result in our refusal to restore your access to our Services.

It is important that you keep your account details confidential. This includes the private keys, key shares, seed phrase, or password linked to your Veera Wallet Address. Any unauthorised use of these, or any security breaches, must be reported to us immediately.

You are solely responsible for all activities under your account, Veera Wallet address, and other Blockchain addresses, regardless of whether they are authorised by you or not. This includes, but is not limited to, activities conducted by your employees or third parties such as contractors, agents, or end users.

You should never share your wallet credentials, private keys, key shares, or seed phrase with anyone. If you encounter any issues with your Veera Wallet, then you should contact us immediately. We are not liable for any unauthorised access to your account, Veera Wallet address, or other Blockchain addresses.

We are not liable for any actions or omissions related to your Veera Wallet address or Blockchain address. You acknowledge that it is your sole responsibility to confirm the legitimacy, identity, and specifics of any Virtual Assets, applications, or Blockchain addresses that you come into contact with via the Veera Wallet or our Services.

You must immediately notify us if you discover or suspect any security issues with the Veera Wallet, Service, your Veera Wallet Address, or other Blockchain addresses.

The biometric login service is a service where you may use your biometric data registered on a permitted mobile device in lieu of your Veera Wallet passkey, username and password as a security code to confirm your identity to access the Services.

You acknowledge and agree that in order to use the biometric login service:

you must install our mobile app using a permitted mobile device;
you will need to activate the biometric function on your permitted mobile device and register to control access to the permitted mobile device;
you will be required to undergo a registration process using your Veera Wallet passkey, username and password to choose to use the biometric you store on your permitted mobile device for accessing our mobile services. Upon the successful registration process, the biometric data stored on your permitted mobile device will be a security code;
you must ensure that only your biometric data are stored on your permitted mobile device to access the device and you understand that upon the successful registration of your permitted mobile device, any biometric data that is stored on your permitted mobile device can be used to access mobile banking including access to your accounts; and
you should ensure the security of the security codes as well as the password or code that you can use to register your biometric data on the permitted mobile device.

Each time the mobile app detects the use of biometric data registered on a permitted mobile device on which you have registered for the biometric login service to access the Services or authorise transactions, you are deemed to have accessed the Services and/or instructed us to perform such transactions as the case may be. You acknowledge that the authentication is performed by Veera Wallet by interfacing with the biometric authentication module on the permitted mobile device and that you agree to the authentication process. You can deactivate the biometric login service at any time using the menu of Veera Wallet once you are signed in.

If you inform us that the security of your biometric data or other security code has been compromised, we may require you to change the security code, register your biometric data or cease the use of the biometric login service. You acknowledge and agree that, for the purposes of the biometric login service, Veera Wallet will be accessing the biometric data registered in your permitted mobile device, and you hereby consent to Veera accessing and using such information for the provision of the biometric login service. You understand the need to protect your permitted mobile device and shall be responsible for all use of your permitted mobile device (whether authorised by you or otherwise) to access the biometric login service.

You understand that the biometric data authentication module of the permitted mobile device is not provided by us, and we make no representation or warranty as to the security of the biometric data authentication function of any permitted mobile device and whether it works in the way that the manufacturer of the device represents. We do not represent or warrant that the biometric login service will be accessible at all times, or function with any electronic equipment, software, infrastructure or other electronic banking services that we may offer from time to time. Unless prohibited by law to exclude or limit our liability, we shall not be liable for any loss you incur in connection with the use or attempted use of the biometric login service, or your instructions, or any unauthorised transactions through or in connection with the biometric login service. You shall keep us indemnified for all loss and damage which we may incur in connection with any improper use of the biometric login service.

For the purposes of this terms and conditions, the term “permitted mobile device” means Apple iPhone 5S or higher / Samsung Galaxy S6 / Samsung Galaxy S6 Edge Plus / Samsung Galaxy Note 5 and such other electronic equipment that we may enable for use with the biometric login service from time to time and includes the operating system or software that the device operates on. Please contact us for the current list of such electronic equipment.

The use of the Veera Wallet may involve certain fees, including but not limited to transaction fees, maintenance fees, withdrawal fees, gas fees, and currency conversion fees if applicable. Detailed information about these fees will be provided within the Veera Wallet application and may be subject to change.

You are responsible for reviewing and understanding the fee structure before engaging in any transactions. We reserve the right to introduce new fees or modify existing ones, with appropriate notice provided to you. Failure to pay applicable fees may result in the rejection of a particular transaction, or suspension or termination of your account.

When you undertake a transaction using Virtual Assets, you may be subjected to additional terms and conditions of the respective third party or Digital Asset provider (Digital Asset Terms). You agree that you have read, understand, and agree to be bound by any Virtual Assets Terms applicable to your interaction with, or sale or purchase of that respective Digital Asset.

Each Blockchain may require the payment of a transaction fee (a “) for every transaction that occurs on such Blockchain, with such Gas Fee to be based on the structure and composition of the respective Blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable Blockchain.

We may receive certain fees from your use of third parties that integrate with our Platform or we may charge a fee to facilitate certain transactions on our Platform. We do not set, collect, or determine any other applicable costs, fees, and expenses associated with your Digital Asset transactions, including but not limited to any Gas Fee. These costs, fees, and expenses are paid directly to the seller payment processor, Blockchain validator, or other respective third party or service provider as applicable. Generally, these Gas Fees are not collected by us, and we cannot refund them to you. You should ensure that you fully understand your fees before entering into any transactions on the Veera Wallet.

In relation to transactions and payments made under these Veera Wallet Terms, you are responsible for identifying and paying any taxes and other governmental fees and charges, including penalties and interest. Unless otherwise noted, all fees payable by you are exclusive of taxes, and we reserve the right to withhold taxes where required.

VEERA DAPP STORE

The Veera dApp Store

The Veera dApp Store is a digital marketplace that connects users with a diverse selection of decentralised applications (“dApps”) developed by independent dApp developers. Offering a wide range of categories, from finance and gaming to social networking and Virtual Assets, the Veera dApp Store provides a convenient platform for discovering and engaging with blockchain-based applications. Each dApp is created, managed, and updated by its respective developer, while the Veera dApp Store serves as a hub to facilitate exploration and access to these innovative digital tools.

Submission of dApps

Developers (“dApp Developers“) have the right to submit an application to us for the listing of their decentralised application (dApp) on our Platform. We reserve the right, at our sole discretion, to determine whether the submitted dApp is appropriate for listing. If deemed suitable, the dApp will be made publicly available on the Platform.

Acceptance and Ranking Criteria. The acceptance and subsequent ranking of dApps on our platform is entirely determined by us, in accordance with the criteria we established. These criteria may be altered from time to time without notice, and all rankings are provided solely for informational purposes. Such rankings do not constitute any form of advice, recommendation, or endorsement by us.
Categorisation of dApps. We retain full discretion to categorise and place dApps into specific sections of the Platform. Based on the characteristics and functionalities of each dApp.
Correction of Discrepancies. Should the dApp Developer identify any discrepancies or inaccuracies between the information displayed on the Platform and the actual details of their dApp, it is the responsibility of the dApp Developer to immediately notify us via the contact details provided in this Veera Platform Term. We will make reasonable efforts to address such discrepancies upon notification.
Right to Edit, Move, or Remove dApps. We reserve the right, but not the obligation, to edit, relocate, or remove any dApp or its associated content if we determine, in our sole discretion, that the dApp or the dApp Developer is in breach of these Terms or otherwise violates our policies. We shall bear no liability for the modification, relocation, removal, or continued display of any dApp on the Platform.

Furthermore, if we determine that a dApp is inappropriate or unsuitable for listing on the Platform, we reserve the right, at any time and without prior notice or liability, to decline to post, publish, or list such dApp, or to delete, remove, or modify the listing of any dApp as we see fit.

Advertising of dApps

dApp Developers may submit an inquiry for advertising their dApp on our Platform. The acceptance of any advertising request is determined solely by us, at our discretion, and in accordance with criteria we established.

Advertising Offer and Payment. Upon review of the submitted advertising inquiry, if we deem the request appropriate, we will contact the dApp Developer with an offer outlining the applicable fees. These fees will be based on current availability, the advertising slot requested, and the duration of the advertising campaign. Once the dApp Developer accepts the offer and makes the required payment, the advertisement will be published and made publicly visible on the Platform.

Upon receipt of payment, the dApp Developer acknowledges that no refunds will be issued under any circumstances.

Disclaimer of Sponsorship and Liability. We are not the sponsor or promoter of any dApps advertised on the Platform and do not bear any responsibility or liability for the content or accuracy of such advertising. The presence of an advertisement for a dApp does not imply any form of endorsement or recommendation by us.
Right to Remove Advertising. We reserve the right, at our sole discretion, to remove any dApp advertisement if we determine that the advertising content or the dApp Developer is in violation of these Terms or any applicable policies. In the event of such removal due to a violation, the dApp Developer will not be entitled to any refund of the fees paid, and we shall bear no liability for the removal of the advertisement.

Warranties and Obligations of dApp Developers

Each dApp Developer, by submitting their dApp to our platform, represents and warrants to us that:

the dApp and all related content are original works created by the dApp Developer or the dApp Developer has obtained all necessary rights, licences, consents, and permissions to use, submit, and advertise the dApp. The dApp does not and will not create any liability for us; and
the information provided about the dApp Developer, including but not limited to, their name, surname (if an individual), company name (if applicable), company code, business address, email address, and wallet address, is complete, accurate, and up to date.

Prohibited Conduct

The dApp Developer agrees not to use the Platform to advertise, promote, or display dApps that:

contain content that is abusive, defamatory, libellous, pornographic, obscene, or otherwise promotes violence, terrorism, illegal activities, or hatred based on race, ethnicity, religion, gender, sexual orientation, or disability. We reserve the right, at our sole discretion, to deem content objectionable.
include any material that violates or infringes upon the rights of third parties, including but not limited to copyright, trademark, privacy, publicity, or confidentiality rights.
are illegal, in breach of any law, rule, or regulation, or otherwise contrary to applicable legal standards.
contain viruses, malware, spyware, worms, Trojan horses, adware, or any other harmful components that could impair or disrupt the Platform or the devices of its users.
include unauthorised advertising, promotional materials, spam, or any other unsolicited communications.

The dApp Developer further agrees not to:

use scraping techniques or similar methods to aggregate, repurpose, or republish any content from the Platform without our express written consent.
attempt to bypass or undermine any security measures intended to prevent unauthorised access to the Platform or its services, including hacking or misusing another user’s credentials.
engage in techniques, whether automated or manual, to falsely manipulate or misrepresent the ranking of their dApps, including the use of bots, scripts, or other repetitive actions.
deliberately impersonate any person or entity, or misrepresent their affiliation with a person or entity, such as submitting an inquiry in another person’s name.
use our trademarks, logos, or other proprietary marks without express written permission. Any goodwill arising from the use of our marks shall belong solely to us.

User Obligations

You are responsible for evaluating the suitability, security, and risks of any dApp they choose to interact with. You acknowledge that listings are provided for informational purposes, and they should not rely solely on any information or rankings provided on the Platform.

You must conduct their own research and due diligence before engaging with any dApp listed. This includes reviewing the dApp’s terms, functionality, and associated risks. We make no guarantees regarding the reliability, security, or functionality of any listed dApp.

You agree to adhere to the specific terms and conditions of each dApp they access through the Platform. It is the user’s responsibility to understand and comply with any dApp’s usage requirements, fees, or restrictions before engaging.

You must refrain from any actions that could compromise the operation, security, or integrity of any dApp or associated networks. Manipulation of dApp ratings, interaction data, or other metrics is strictly prohibited.

You acknowledge and accept all associated risks of interacting with dApps listed on the Platform, including potential security, financial, or data risks. We do not accept liability for any losses or damages arising from the use of dApps.

You understand that dApps listed on the Platform are independently owned and operated by third-party developers. We do not control or assume liability for any aspect of the dApps, including but not limited to their functionality, security, or availability.

GENERAL TERMS AND CONDITIONS

Risks Associated with Cryptocurrencies

Before using any of our Service, it’s important to be aware of potential risks. These risks, which may be significant and potentially devastating, are outlined as a non-exhaustive list in Annexure A, however, there may be others that could arise in the future. Before you use the Platform or our Services, it is important that you carefully evaluate whether using our Platform or our Services is suitable for you based on your financial situation. We recommend that you seek professional financial advice before using our Services. By using our Services, you acknowledge and accept the risks set out in Annexure A.

Prohibited uses

In addition to other prohibitions as set out in these Terms of Use, you are prohibited from using the Platform or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or State regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Platform or any related website, other websites, or the internet.

We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

Third-Party Services

Our Platform may incorporate or provide links to resources and services operated by third parties, including advertisements, banners, and sponsored content (“Third-Party Services”). These Third-Party Services are offered for your convenience, and their presence on our Platform does not imply endorsement or recommendation. As independently operated resources, Third-Party Services are outside of our control and not considered part of our Services.

When you engage with Third-Party Services on our Platform, you acknowledge and grant us permission to share relevant information with these providers to facilitate the use of integrated features. However, we assume no responsibility or liability for any issues arising from your use of Third-Party Services. Each third-party provider is solely responsible for its services and may have distinct terms and conditions governing their use. It is your responsibility to review and agree to these terms before engaging with Third-Party Services, as we make no guarantees and assume no liability for the actions or omissions of these external providers.

For non-custodial embedded wallet key management infrastructure, we utilise Turnkey Global Inc. (“Turnkey”), a Third-Party Service provider. Turnkey exclusively manages the generation, storage, and security of Private Keys for embedded wallets created through their system. Private Keys are generated solely within Turnkey’s infrastructure, and we have no access to, custody over, or control of these Private Keys or any related authentication credentials.

You and any end users bear full responsibility for safeguarding Private Keys and other credentials generated by Turnkey, as we disclaim any liability for loss, unauthorised access, or misuse resulting from interactions with Turnkey or similar third-party providers. We are not accountable for any actions undertaken by end users while using their Private Keys, nor any losses incurred from such interactions.

Should an embedded wallet remain unfunded (i.e., contains no assets) for a period exceeding one (1) year from the date of creation, we reserve the right to disable the wallet and delete associated account data. By using our embedded wallet functionality, you acknowledge Turnkey as an independent third-party provider and agree to comply with Turnkey’s terms and conditions and privacy policy.

No Investment Advice

The information provided through the Platform is for general informational purposes only and should not be construed as investment advice. We do not provide personalised investment recommendations or advice regarding the suitability of any investment. You should consult with a qualified financial advisor before making any investment decisions.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk.

This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“comments“), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation:

to maintain any comments in confidence;
to pay compensation for any comments; or
to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Intellectual Property Rights

We are the creators and rightful owners of the Platform. All logos, trademarks, designs, text, photos, videos, software, computer programs, code, and other content associated with the Platform, including but not limited to the design, structure, selection, coordination, expression, ‘look and feel,’ and arrangement of such content—are owned, controlled, or licensed by us and are protected under copyright, patent, and trademark laws, as well as other applicable intellectual property rights. We retain exclusive ownership of our intellectual property and reserve the right to use it as we deem appropriate.

Any third-party trademarks, logos, articles, text, photos, videos, and other content available on the Platform remain the property of their respective owners. No user may use the trademarks, logos, or any other intellectual property displayed on our Platform without prior written consent from us or the respective owners. Certain features, functionalities, and portions of the Platform may also be protected under our patent applications or granted patents

Errors, inaccuracies and omissions

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Platform is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform should be taken to indicate that all information in the Platform has been modified or updated.

Personal information

We may collect various types of personal information in connection with your use of the Platform. This includes information that you provide directly to us through your interactions with our Platform, information that we may collect from you as you use our Services.

We will comply with all applicable laws and regulations concerning the collection, processing, and handling of personal information. We will ensure that all handling of personal information as part of our Services adheres to relevant legal standards.

By using the Platform and Services, you provide consent for the collection, use, and disclosure of your personal information as outlined in these Terms of Use and our Privacy Policy. You are solely responsible for providing all necessary notices to, and obtaining all necessary consents, licenses, and approvals from, any individuals whose personal information you provide to us. You represent and warrant that you have obtained, or will obtain prior to processing by the Platform, all such consents and approvals in a manner that aligns with these Terms of Use and our Privacy Policy.

For a detailed explanation of our practices concerning the collection, use, and protection of personal information, please refer to our Privacy Policy.

Disclaimer of warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us or if cannot be excluded by law) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Indemnification

To the full extent permitted by law, you agree to indemnify us, defend and hold us harmless, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any provision (or part of a provision) of these Terms of Use is determined to be unlawful, void or unenforceable, it will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Use. Such determination will not affect the validity and enforceability of any other remaining provisions.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this Platform or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use will not be construed against the drafting party.

Governing law

These Terms of Use and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of the British Virgin Islands. The parties submit to the exclusive jurisdiction of the courts of the British Virgin Islands.

Suspension and Termination

We reserve the right to suspend or limit your access to the Platform at any time, without notice, for any reason, including but not limited to compliance with legal requirements, suspicion of fraudulent activities, or breaches of these Terms of Use.

We may, at our sole discretion, terminate your access to the Platform for any reason, including, if we determine that you have engaged in conduct that violates these Terms of Use, is harmful to other users of the Platform, us or third parties.

Upon termination, your right to use the Platform will immediately cease. You are responsible for transferring your Virtual Assets and any other data from your account prior to termination.

Service Availability and Maintenance

We strive to ensure that the Platform is available at all times, however, we do not guarantee that your access will be uninterrupted. We may perform maintenance or updates that may temporarily affect service availability. We will make reasonable efforts to inform you of any scheduled maintenance in advance.

Changes and Modifications

We reserve the right in our sole direction to modify, suspend, or discontinue, whether temporarily or permanently, any Service (or any features or parts thereof) at any time and without liability. You must check this page frequently so you are aware of any changes, as they are binding on you.

We may release updates to the Platform from time to time to improve performance, enhance security, or add new features. These updates may be installed automatically by your browser or may require manual installation via your device’s application store. You agree to accept and install all updates promptly to ensure the continued functionality and security of the Services.

We may offer new features or tools in a beta version for testing and feedback from time to time. Such beta features are provided “as is” and may contain bugs or issues. Your use of beta features is at your own risk, and we are not liable for any issues arising from their use.

Any releases, updates, or enhancements to the Service will be subject to these Terms of Use.

ANNEXURE A – RISKS

By using our Services, you acknowledge and accept the following risks. Please note that the below is not an exhaustive list of all risks related to Virtual Assets, and you must take the necessary steps to inform yourself of any and all risks related to your use of the Platform and the Services.

The subjective and highly volatile nature of Virtual Assets can lead to significant fluctuations at any moment, potentially resulting in them becoming worthless. These fluctuations have the potential to impact the value of your Virtual Assets, including those provided through our Services. We cannot guarantee that you will not experience losses when purchasing or trading Virtual Assets.
Virtual Assets are not legal tender and may lack backing by physical assets or guarantees from governments or centralised authorities. They may not possess intrinsic value and may have restricted circulation.
Virtual Assets are generally high-risk and may or may not be classified as securities in certain jurisdictions. Therefore, it’s essential to exercise prudent judgment when trading Virtual Assets.
Virtual Assets are inherently complex, characterised by terms, features, and risks that may be challenging to grasp due to their innovative and technological nature.
There is no assurance that the Platform or associated Services will remain stable. The value of listed Virtual Assets may undergo substantial fluctuations and could potentially become valueless.
Transactions involving Virtual Assets may not be protected by investor compensation funds or deposit protection schemes, leading to diminished security.
Engaging with our Services may incur various fees, including those stemming from Blockchain operations, irrespective of transaction outcomes. These fees are definitive and non-reversible. It is important to comprehend all relevant fees before executing any transactions and to seek clarification if necessary.
We are not responsible for determining the tax implications associated with your transactions on or through our Services. You are responsible for ascertaining any tax obligations arising from your Digital Asset transactions.
Our Services do not store, send, or receive Virtual Assets. Virtual Assets are founded on ownership records on the Blockchain. Transfers take place within the Blockchain, not through our Services, and are documented on the public ledger, which may not correspond with the initiation time.
The regulatory landscape for Blockchain technologies, NFTs, and Virtual Assets is subject to change and lacks clarity. Potential new regulations may have an adverse impact on our Services as well as the value and usability of Virtual Assets.
It is your sole responsibility to determine, withhold, collect, report, and remit any applicable taxes, levies, or duties related to your transactions.
Transactions involving peer-to-peer items created by third parties carry inherent risks, including the purchase of counterfeit or mislabelled items. Ensure you conduct thorough research before interacting with any Virtual Assets.
Beware of potential threats from malicious individuals or organisations aiming to steal your Virtual Assets. Take necessary precautions to safeguard yourself against such risks.
No technology is entirely immune to security vulnerabilities. You should exercise prudence when using any technology.
We do not have ownership or control over third-party smart contracts and therefore cannot guarantee their operation or functionality.
We do not have control over the public Blockchains you interact with, nor do we have control over specific smart contracts necessary for completing transactions on these Blockchains. It’s important to understand that Blockchain transactions are irreversible and cannot be reversed once completed.
We cannot be held liable for any losses resulting from delays or failures reported by developers or representatives concerning any Blockchain that supports Virtual Assets. This includes issues such as forks, technical node problems, or other issues.
Using Internet and Blockchain-based products carries inherent risks, including but not limited to, hardware, software, and Internet connection issues, as well as the potential for malicious software and unauthorised access to your wallet address. We are not responsible for any communication failures, disruptions, errors, distortions, or delays experienced when using our Service or any Blockchain network.
Our Services may depend on third-party platforms and vendors, and access to and use of the Service may be impacted if we cannot maintain relationships with these third parties. Additionally, changes in their terms or pricing, our violation of their terms, or if these parties become unavailable for any reason can affect the availability of our Service.
Certain individuals or groups may have significant control over the total supply of any Virtual Assets, often referred to as “whales.” These entities can have a significant impact on the market, influencing the price, value, or functionality of Virtual Assets, which may not be in line with your best interests as an owner of Virtual Assets.